Keywords

Summary



Keywords

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1. International agreements ° EEC-Turkey Association Agreement ° Freedom of movement for persons ° Workers ° Whether a Turkish national working as an international lorry-driver belongs to the legitimate labour force of a Member State ° Determination by the national court ° Criteria to be taken into account

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1))

2. International agreements ° EEC-Turkey Association Agreement ° Freedom of movement for persons ° Workers ° Access for Turkish nationals to paid employment of their choice in one of the Member States and ancillary right of residence ° Conditions ° Previous engagement in legal employment ° Definition ° Activity as an international lorry-driver not requiring, under national law, a work permit or a residence permit ° Included

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1))

3. International agreements ° EEC-Turkey Association Agreement ° Freedom of movement for persons ° Workers ° Turkish national permanently incapacitated for work following an accident at work ° Right to remain in the territory of a Member State ° Excluded

(EEC-Turkey Association Agreement; Decision No 1/80 of the EEC-Turkey Association Agreement, Art. 6(2))

Summary

1. In order to ascertain whether a Turkish worker employed as an international lorry-driver belongs to the legitimate labour force of a Member State, for the purposes of Article 6(1) of Decision No 1/80, adopted by the Association Council established by the EEC-Turkey Association Agreement, it is for the national court to determine whether the applicant' s employment relationship retains a sufficiently close link with the territory of the Member State, and, in so doing, to take account in particular of the place where he was hired, the territory on which the paid employment was based and the applicable national legislation in the field of employment and social security law.

2. The existence of legal employment in a Member State within the meaning of Article 6(1) of Decision No 1/80 of the Association Council established by the EEC-Turkey Association Agreement, which presupposes a stable and secure situation as a member of the labour force of that State and must be determined in the light of the legislation of the host State governing the conditions relating to entry to and employment in the national territory, can be established in the case of a Turkish worker who is not required under the national legislation concerned to hold a work permit or a residence permit issued by the authorities of the host State in order to carry out his work. The fact that such employment exists necessarily implies the recognition of a right of residence for the person concerned.

3. As the provisions adopted by the Association Council for the purpose of progressively securing freedom of movement for workers between the Member States of the Community and Turkey now stand, and in the absence of any specific provision conferring on Turkish workers a right to remain in the territory of a Member State after working there, Article 6(2) of Decision No 1/80 of the Association Council, which covers the situation only of Turkish workers who are working or who are temporarily incapacitated for work, cannot be construed as conferring on a Turkish national who has belonged to the legitimate labour force of a Member State the right to remain in the territory of that State following an accident at work rendering him permanently incapacitated for work.