Opinion of the Advocate General — ECLI:EU:C:2002:758
Date: 2002-12-12
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
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)) 
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SUMMARY — CASE C-171/01 
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)) 
1. A provision in an agreement concluded 
by the Community with a non-member 
country must be regarded as being 
directly applicable when, regard being 
had to its wording and to the purpose 
and nature of the agreement, it con­
tains a clear and precise obligation 
which is not subject, in its implemen­
tation or effects, to the adoption of any 
subsequent measure. The same con­
ditions apply in determining whether 
the provisions of a decision of the 
association council established by an 
association agreement may have direct 
effect. 
Article 10(1) of Decision No 1/80, 
adopted by the Association Council 
established by the EEC-Turkey Associ­
ation Agreement, which prohibits 
Member States, in clear, precise and 
unconditional terms, from discriminat­
ing, on the basis of nationality, against 
Turkish migrant workers duly regis­
tered as belonging to their labour force 
as regards remuneration and other 
conditions of work must be interpreted 
as having direct effect in the Member 
States and as conferring on the Turkish 
nationals to whom it applies the right 
to rely on it before the courts of the 
host Member State. 
(see paras 54-55, 57, 67, operative part) 
2. In the context of Community law and, 
in particular, Article 48(2) of the 
Treaty (now, after amendment, 
Article 39(2) EC), national legislation 
which denies workers who are 
nationals of other Member States the 
right to vote and/or the right to stand 
as a candidate in elections held by 
bodies such as occupational guilds to 
which those workers are compulsorily 
affiliated, to which they must pay 
contributions, which are responsible 
for defending and representing wor­
kers' interests and which perform a 
consultative function in the legislative 
field is contrary to the fundamental 
principle of non-discrimination on the 
grounds of nationality. 
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WÄHLERGRUPPE GEMEINSAM 
In the light of that principle, which is 
applicable by analogy to Turkish 
workers enjoying the rights conferred 
by Decision No 1/80 of the EEC-Tur­
key Association Council, Article 10(1) 
of that decision must be interpreted as 
precluding the application of national 
legislation which excludes Turkish 
workers duly registered as belonging 
to the labour force of the host Member 
State from eligibility for election to the 
general assembly of a body represent­
ing and defending the interests of 
workers. 
(see paras 75, 78, 94, operative part) 
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