CELEX: 62010CA0186
Language: en
Date: 2011-07-21 00:00:00
Title: 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)

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.