Opinion of the Advocate General — ECLI:EU:C:2018:286
Date: 2018-04-26
Language of the case: German
Subject matter: Association Agreement;External relations
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary — Judgment of the Court (Second Chamber), 11 July 2018 1. International agreements — EEC-Turkey Association Agreement — Freedom to provide services — Transport services — Definition — Movement in the territory of a Member State of vehicles of road haulage undertakings with their seat in Turkey subject to prior authorisation — Authorisation granted regardless of the quantity of goods transported — Included — Consequence — Provisions on the free movement of goods between the Republic of Turkey and the European Union not applicable (EEC-Turkey Association Agreement; Decision No 1/95 of the EC-Turkey Association Council) 2. International agreements — EEC-Turkey Association Agreement — Freedom to provide services — Transport services — Additional Protocol to the EEC-Turkey Association Agreement — Decision No 1/95 of the EC-Turkey Association Council — No specific rules on transport services — Movement in the territory of a Member State of vehicles of road haulage undertakings with their seat in Turkey subject to prior authorisation — Lawfulness — Condition (EEC-Turkey Association Agreement, Art. 15; Additional Protocol to the EEC-Turkey Association Agreement, Arts 41(1) and 42; Decision No 1/95 of the EC-Turkey Association Council) 3. International agreements — EEC-Turkey Association Agreement — Freedom to provide services — Standstill clause in Article 41(1) of the Additional Protocol — Direct effect — Scope — Transport services — Included (Additional Protocol to the EEC-Turkey Association Agreement, Art. 41(1)) 1. See the text of the decision. (see paras 37, 41-43) 2. The provisions of the Agreement establishing an Association between the European Economic Community and Turkey signed on 12 September 1963 at Ankara by the Republic of Turkey, of the one part, and the Member States of the EEC and the Community, of the other part, concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, the Additional Protocol signed on 23 November 1970 at Brussels, concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, and Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union must be interpreted as not precluding legislation of a Member State such as that at issue in the main proceedings, under which road haulage undertakings with their seat in Turkey can transport goods by road to that Member State or through its territory only if they have passes issued within the limits of a quota determined for such transport on the basis of the bilateral agreement concluded between that Member State and the Republic of Turkey or if a permit has been granted to them on the ground of substantial public interest, provided that that legislation is not a new restriction on the freedom to provide services within the meaning of Article 41(1) of the Additional Protocol, which is for the referring court to ascertain. It should be recalled here that it is apparent from Article 15 of the EEC-Turkey Association Agreement and Article 42(1) of the Additional Protocol that the provisions of EU law on transport and the acts adopted pursuant to those provisions may be extended by the Association Council to the Republic of Turkey, with due regard to its geographical situation. To this date, the Association Council has not taken any measure to extend the provisions of EU law on transport services to the Republic of Turkey, so that in the present state of development of the association between the Republic of Turkey and the European Union there are no specific rules in this field. So, as long as the Association Council has not adopted rules on transport services pursuant to Article 15 of the EEC-Turkey Association Agreement and Article 42(1) of the Additional Protocol, the conditions of access of Turkish hauliers to the EU transport market remain governed by the national legislation of the Member States and the bilateral agreements concluded between the Member States and the Republic of Turkey. (see paras 45-47, 58, operative part) 3. See the text of the decision. (see paras 48-50)