C. Demir v Staatssecretaris van Justitie

(EEC-Turkey Association Agreement – Freedom of movement for workers – Standstill obligation under Article 13 of Decision No 1/80 – Scope – Legislation of a Member State requiring possession of a temporary residence permit prior to first entry into the national territory)

This case concerns the interpretation of Article 13 of Decision No 1/80 of the Association Council ( 2 ) set up by the EEC-Turkey Association Agreement. ( 3 ) That provision is a standstill clause which prohibits the Contracting Parties from introducing new restrictions after 1 December 1980 on the freedom of movement for workers.

By its request for a preliminary ruling, the Raad van State (Council of State) (Netherlands) seeks clarification regarding the precise scope of that standstill clause. In particular, the following question arises: in what circumstances may a Turkish national rely on Article 13 of Decision No 1/80?

Under Article 2(1) of the Association Agreement, the aim of the agreement is to promote the continuous and balanced strengthening of trade and economic relations between the Contracting Parties by progressively securing the freedom of movement for workers and by abolishing restrictions on freedom of establishment and on freedom to provide services.

An Additional Protocol to the Association Agreement was signed on 23 November 1970 (‘the Additional Protocol’), ( 4 ) Article 41 of which provides: