Case C-186/10: Judgment of the Court (Second Chamber) of 21 July 2011 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) (United Kingdom)) — Tural Oguz v Secretary of State for the Home Department (EEC-Turkey Association Agreement — Article 41(1) of the Additional Protocol — Standstill clause — Freedom of establishment — Refusal of the application for further leave to remain from a Turkish national who had established a business in breach of the conditions of his leave to remain — Abuse of rights)
Date: 2011-07-21
Institutions: Court of Justice
Subjects: United Kingdom, foreign national, interpretation of the law, residence permit, self-employed person








C_2011269EN.01001402.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/14





Judgment of the Court (Second Chamber) of 21 July 2011 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) (United Kingdom)) — Tural Oguz v Secretary of State for the Home Department
(Case C-186/10) (1)

(EEC-Turkey Association Agreement - Article 41(1) of the Additional Protocol - Standstill clause - Freedom of establishment - Refusal of the application for further leave to remain from a Turkish national who had established a business in breach of the conditions of his leave to remain - Abuse of rights)
2011/C 269/22
Language of the case: English

Referring court

Court of Appeal (England and Wales) (Civil Division)

Parties to the main proceedings


Applicant: Tural Oguz

Defendant: Secretary of State for the Home Department

In the presence of: Centre for Advice on Individual Rights in Europe

Re:

Reference for a preliminary ruling — Court of Appeal (England and Wales) (Civil Division) — Interpretation of Article 41(1) of the Additional Protocol and Financial Protocol signed on 23 November 1970, annexed to the Agreement establishing the Association between the European Economic Community and Turkey and on measures to be taken for their entry into force (OJ 1973 C 113, p. 17) — Standstill rule — Scope — Prohibition on Member States from introducing new restrictions on the freedom of establishment and the freedom to provide services — Turkish national who established a business in the United Kingdom after obtaining leave to remain subject to a condition that he should not engage in any business or profession without the consent of the Secretary of State — Refusal to grant further leave to remain on the ground of breach of the conditions of his previous leave to remain

Operative part of the judgment

Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, must be interpreted as meaning that it may be relied on by a Turkish national who, having leave to remain in a Member State on condition that he does not engage in any business or profession, nevertheless enters into self-employment in breach of that condition and later applies to the national authorities for further leave to remain on the basis of the business which he has meanwhile established.


(1)  OJ C 179, 3.7.2010.