Judgment_paragraph 26 · EN v Udlændingenævnet (C-375/23)

26The referring court notes that it is true that the Court of Justice has held that the principles enshrined in Articles 45 to 47 TFEU must be transposed, as far as possible, to Turkish nationals who enjoy rights under the EEC-Turkey Association (judgments of 6 June 1995, Bozkurt, C‑434/93, EU:C:1995:168, paragraphs 19 and 20, and of 8 December 2011, Ziebell, C‑371/08, EU:C:2011:809, paragraph 66). However, in the referring court’s view, the broader objective of facilitating the exercise of the fundamental and individual right to move and reside freely within the territory of Member States, which is conferred directly on Union citizens – and on which Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) is based – does not apply to Decision No 1/80 (judgment of 8 December 2011, Ziebell, C‑371/08, EU:C:2011:809, paragraph 68).

EN v Udlændingenævnet (C-375/23)

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