Keywords
Summary

Keywords

1. International agreements — EEC-Turkey Association Agreement — Freedom of movement for persons — Freedom of establishment — Workers — Standstill rules in Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council — Direct effect — (Additional Protocol to the EEC-Turkey Association Agreement, Art. 41(1); Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

2. International agreements — EEC-Turkey Association Agreement — Freedom of movement for persons — Workers — Standstill rule in Article 13 of Decision No 1/80 of the Association Council — Condition for application — Legal residence in the host Member State — (Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

3. International agreements — EEC-Turkey Association Agreement — Freedom of movement for persons — Freedom of establishment — Workers — Standstill rules in Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council — Scope — (Additional Protocol to the EEC-Turkey Association Agreement, Art. 41(1); Decision No 1/80 of the EEC-Turkey Association Council, Art. 13)

Summary

1. Article 41(1) of the Additional Protocol to the EEC-Turkey Association Agreement and Article 13 of Decision No 1/80 adopted by the Association Council set up by that Agreement, which provide that the Contracting Parties are to refrain from introducing between themselves any new restrictions either on the freedom of establishment and the freedom to provide services, or on the freedom of movement for workers, must be interpreted as meaning that the two provisions have direct effect in the Member State so that Turkish nationals to whom they apply are entitled to rely on them before the national courts to prevent the application of inconsistent rules of national law.

see paras 58-59, 117, operative part

2. The scope of Article 13 of Decision No 1/80 of the EEC-Turkey Association Council, which provides that the Contracting Parties may not introduce new restrictions as regards freedom of movement for workers is not limited to Turkish nationals already integrated into the employment market of a Member State. However, that provision refers to workers and members of their families "legally resident and employed in their respective territories" . That "standstill" clause can thus benefit a Turkish national only if he has complied with the rules of the host Member State as to entry, residence and, where appropriate, employment and if, therefore, he is legally resident in the territory of that State. The competent national authorities are therefore entitled, even after the entry into force of Decision No 1/80, to introduce more stringent measures to deal with Turkish nationals whose position is not lawful.

see paras 84-85

3. Article 41(1) of the Additional Protocol to the EEC-Turkey Association Agreement and Article 13 of Decision No 1/80 adopted by the Association Council set up by that Agreement, which provide that the Contracting Parties are to refrain from introducing between themselves any new restrictions either on the freedom of establishment and the freedom to provide services, or on the freedom of movement for workers must be interpreted as meaning that:

─ these two provisions prohibit generally the introduction of new national restrictions either on the right of establishment and the freedom to provide services or on the freedom of movement for workers from the date of the entry into force in the host Member State of the legal measure of which those articles are part;

─ Article 13 of Decision No 1/80 is applicable to Turkish nationals only if their residence in the territory of the host Member State is not only lawful but for a sufficient period to allow them progressively to become integrated there;

─ Article 41(1) of the Additional Protocol is applicable to international road haulage of goods originating in Turkey, where those services are carried out in the territory of a Member State;

─ the protection of Article 41(1) can be relied on not only by an undertaking established in Turkey which performs services in a Member State but also by the employees of such an undertaking to preclude a new restriction on the freedom to provide services; however, it may not be relied on to that end by an undertaking established in a Member State where those using the services are established in the same Member State;

─ Article 41(1) precludes the introduction into the national legislation of a Member State of a requirement of a work permit in order for an undertaking established in Turkey to provide services in the territory of that State, if such a permit was not already required at the time of the entry into force of the Additional Protocol;

─ it is for the national court to determine whether the national legislation applied to Turkish nationals is less favourable than that applicable at the time of the entry into force of the Additional Protocol.

see para. 117, operative part