Order — ECLI:EU:C:2008:450
Date: 2008-07-25
Language of the case: Spanish
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Concepts: Effects. Scope and limits;The various agreements concluded by the Community
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Order 1. International agreements – Agreements concluded by the Community – Direct effect (Additional Protocol to the EEC-Turkey Association Agreement, Art. 37; Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1)) 2. International agreements – EEC-Turkey Association Agreement – Workers – Equal treatment (Additional Protocol to the EEC-Turkey Association Agreement, Art. 37; Decision No 1/80 of the EEC-Turkey Association Council, Art. 10(1)) 1. The wording of Article 37 of the Additional Protocol, annexed to the EEC-Turkey Association Agreement, is essentially the same as that in the first indent of Article 38(1) of the Association Agreement with Slovakia and Article 23(1) of the Communities-Russia Partnership Agreement which lay down, in clear, precise and unconditional terms, a prohibition precluding any Member State from discriminating, on grounds of nationality, against the workers from the non-member State concerned, vis-à-vis their own nationals, so far as their conditions of work, remuneration and dismissal are concerned. Those provisions may therefore be relied on by individuals before the courts of the Member States. Furthermore, Article 10(1) of Decision No 1/80, which repeats the rule laid down in Article 37 of the Additional Protocol, lays down in clear, precise and unconditional terms a prohibition precluding Member States from discriminating, on the basis of nationality, against Turkish migrant workers duly registered as belonging to their labour force as regards remuneration and other conditions of work. (see paras 28-29) 2. The prohibition on all discrimination against Turkish workers duly registered as belonging to the labour force of the Member States with respect to remuneration and other conditions of work, as laid down in Article 37 of the Additional Protocol, annexed to the EEC-Turkey Association Agreement, and Article 10(1) of Decision No 1/80, adopted by the Association Council established by that agreement, on the development of the association, must be interpreted as precluding the application to a professional sportsman of Turkish nationality legally employed by a club established in a Member State, of a rule laid down by a sports association in that State, according to which clubs are authorised to field in competitions organised at national level only a limited number of players from non-member States which are not parties to the Agreement on the European Economic Area. (see para. 32, operative part)