«(EEC-Turkey Association – Freedom of movement for workers – Article 10(1) of Decision No 1/80 of the Association Council – Prohibition of discrimination as regards conditions of work – Direct effect – Scope – Legislation of a Member State excluding Turkish workers from eligibility for election to a chamber of workers)»

1.. International agreements – Agreements concluded by the Community – Direct effect – Conditions – Article 10(1) of Decision No 1/80 of the Council of Association, set up under the EEC-Turkey Association Agreement – Principle of non-discrimination as regards conditions of work (Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1))

2.. International agreements – EEC-Turkey Association Agreement – Freedom of movement for persons – Workers – Equal treatment – Exercise of trade-union rights – National legislation excluding Turkish workers from eligibility for election to their chamber of workers – Not permissible – Application of the principles laid down in Article 48 of the Treaty (now, after amendment, Article 39 EC) (EC Treaty, Art. 48(2) (now, after amendment, Art. 39(2) EC); Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1))

JUDGMENT OF THE COURT (Sixth Chamber) 8 May 2003 (1)

((EEC-Turkey Association – Freedom of movement for workers – Article 10(1) of Decision No 1/80 of the Association Council – Prohibition of discrimination as regards conditions of work – Direct effect – Scope – Legislation of a Member State excluding Turkish workers from eligibility for election to a chamber of workers))

In Case C-171/01,

REFERENCE to the Court under Article 234 EC by the Verfassungsgerichtshof (Austria) for a preliminary ruling in the proceedings brought before that court by

on the interpretation of Article 10(1) of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Association Agreement between the European Economic Community and Turkey,

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen (Rapporteur), V. Skouris, F. Macken and J.N. Cunha Rodrigues, Judges,

Advocate General: F.G. Jacobs,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Wählergruppe Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG, the Kammer für Arbeiter und Angestellte für Vorarlberg and the Commission at the hearing on 24 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 12 December 2002,

gives the following

The EEC-Turkey Association

The other relevant provisions of Community law

...

...

National law

are eligible for election to the chamber of workers.

The direct effect of Article 10(1) of Decision No 1/80

The scope of Article 10(1) of Decision No 1/80

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions referred to it by the Verfassungsgerichtshof by order of 2 March 2001, hereby rules:

Puissochet

Schintgen

Skouris

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 8 May 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber