«(EEC-Turkey Association – Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council – Abolition of restrictions on freedom of movement for workers, on freedom of establishment and on freedom to provide services – Standstill clauses – Direct effect – Scope – Legislation of a Member State requiring a work permit in the international road haulage sector)»

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)

see para. 117, operative part

JUDGMENT OF THE COURT 21 October 2003 (1)

((EEC-Turkey Association – Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 – Abolition of restrictions on the freedom of movement for workers, on the freedom of establishment and on the freedom to provide services – Standstill clauses – Direct effect – Scope – Legislation of a Member State requiring a work permit in the international road haulage sector))

In Joined Cases C-317/01 and C-369/01,

REFERENCE to the Court under Article 234 EC by the Bundessozialgericht (Germany) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 41(1) of the Additional Protocol signed at Brussels on 23 November 1970 and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (JO 1972 L 293, p. 1) and of Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Association Agreement between the European Economic Community and Turkey,

THE COURT,,

composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann, J.N. Cunha Rodrigues and A. Rosas (Presidents of Chambers), D.A.O. Edward, A. La Pergola, J.-P. Puissochet, R. Schintgen (Rapporteur), F. Macken, N. Colneric and S. von Bahr, Judges,

Advocate General: J. Mischo,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Abatay and Others, of Mr Sahin, of the German Government and of the Commission at the hearing on 14 January 2001,

after hearing the Opinion of the Advocate General at the sitting on 13 May 2003,

gives the following

EEC-Turkey Association

The Council of Association shall, when determining such timetable and rules for the various classes of activity, take into account corresponding measures already adopted by the Community in these fields and also the special economic and social circumstances of Turkey. Priority shall be given to activities making a particular contribution to the development of production and trade.

The national legislation

...

Case C-317/01

Case C-369/01

The direct effect of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80

The scope of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80

The meaning of the standstill clauses in Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80

The applicability of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80

The effect of the application of Article 41(1) of the Additional Protocol on national legislation such as that at issue in the main proceedings

On those grounds,

THE COURT,

in answer to the questions referred to it by the Bundessozialgericht by orders of 20 June and 2 August 2001, hereby rules:

Skouris

Jann

Timmermans

Gulmann

Cunha Rodrigues

Rosas

Edward

La Pergola

Puissochet

Schintgen

Macken

Colneric

von Bahr

Delivered in open court in Luxembourg on 21 October 2003.

R. Grass

V. Skouris

Registrar

President