Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents and the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as not precluding national legislation transposing that directive into the law of the Member State concerned, which excludes from its scope of application a commercial agency contract in the context of which the commercial agent is established in Turkey, where it carries out activities under that contract, and the principal is established in that Member State, so that, in such circumstances, the commercial agent cannot rely on rights which that directive guarantees to commercial agents after the termination of such a commercial agency contract.

It is not necessary, for the purposes of making the conditions of competition between commercial agents within the European Union uniform, to provide commercial agents who are established and carry out their activities outside the European Union with protection comparable to that of agents who are established and/or carry out their activities within the European Union.

In those circumstances, a commercial agent carrying out activities under a commercial agency contract in Turkey, such as the applicant in the main proceedings, does come within the scope of application of Directive 86/653, regardless of the fact that the principal is established in a Member State, and therefore should not necessarily benefit from the protection provided by that directive to commercial agents.

Moreover, with regard, in particular to the association between the European Union and the Republic of Turkey, the Court has already held that, in deciding whether a provision of EU law lends itself to application by analogy under that association, a comparison must be made between the objective pursued by the Association Agreement and the context of which it forms a part, on the one hand, and those of the EU law instrument in question, on the other (judgment of 24 September 2013, Demirkan, C‑221/11, EU:C:2013:583, paragraph 48). It should be noted that the Association Agreement and the Additional Protocol are intended essentially to promote the economic development of Turkey and pursue, therefore, a solely economic purpose (see, to that effect, judgment of 24 September 2013, Demirkan, C‑221/11, EU:C:2013:583, paragraph 50).

By contrast, in the context of EU law, the protection of the freedom of establishment and the freedom to provide services, by means of the regime provided for by Directive 86/653 with respect to commercial agents, is based on the objective of establishing an internal market, conceived as an area without internal borders, by removing all obstacles to the establishment of such a market.

Therefore, the differences between the Treaties and the Association Agreement concerning the objective pursued by them preclude the system of protection laid down by Directive 86/653 with respect to commercial agents from being held to extend to commercial agents established in Turkey, in the context of that agreement.

(see paras 34-35, 41, 42, 44, 45, 52, operative part)