Case C-629/16: Judgment of the Court (Second Chamber) of 11 July 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — proceedings brought by CX (Reference for a preliminary ruling — International road transport — Agreement establishing an Association between the European Economic Community and Turkey — Article 9 — Additional Protocol — Articles 41 and 42 — Freedom to provide services — Standstill clause — Decision No 1/95 of the EC-Turkey Association Council — Articles 5 and 7 — Free movement of goods — National legislation restricting the right of road haulage undertakings with their seat in Turkey to operate their vehicles in the territory of the Member State concerned — Obligation to obtain an authorisation issued within the limits of a quota determined on the basis of a bilateral agreement concluded between that Member State and Turkey or a permit granted for a single transport of substantial public interest)
Date: 2018-07-11
Institutions: Court of Justice
Subjects: Türkiye, association agreement, association agreement (EU), carriage of goods, establishment, free movement of goods, freedom to provide services, international road transport, protocol to an agreement, transport authorisation








C_2018319EN.01000401.xml










10.9.2018   


EN


Official Journal of the European Union


C 319/4






Judgment of the Court (Second Chamber) of 11 July 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — proceedings brought by CX
(Case C-629/16) (1)

((Reference for a preliminary ruling - International road transport - Agreement establishing an Association between the European Economic Community and Turkey - Article 9 - Additional Protocol - Articles 41 and 42 - Freedom to provide services - Standstill clause - Decision No 1/95 of the EC-Turkey Association Council - Articles 5 and 7 - Free movement of goods - National legislation restricting the right of road haulage undertakings with their seat in Turkey to operate their vehicles in the territory of the Member State concerned - Obligation to obtain an authorisation issued within the limits of a quota determined on the basis of a bilateral agreement concluded between that Member State and Turkey or a permit granted for a single transport of substantial public interest))
(2018/C 319/04)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

CX

Other party: Bezirkshauptmannschaft Schärding

Operative part of the judgment

The provisions of the Agreement establishing an Association between the European Economic Community and Turkey signed on 12 September 1963 at Ankara by the Republic of Turkey, of the one part, and the Member States of the EEC and the Community, of the other part, concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, the Additional Protocol signed on 23 November 1970 at Brussels, concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, and Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union must be interpreted as not precluding legislation of a Member State such as that at issue in the main proceedings, under which road haulage undertakings with their seat in Turkey can transport goods by road to that Member State or through its territory only if they have passes issued within the limits of a quota determined for such transport on the basis of the bilateral agreement concluded between that Member State and the Republic of Turkey or if a permit has been granted to them on the ground of substantial public interest, provided that that legislation is not a new restriction on the freedom to provide services within the meaning of Article 41(1) of the Additional Protocol, which is for the referring court to ascertain.


(1)  OJ C 104, 3.4.2017.