CELEX: C2007/269/09
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-16/05: Judgment of the Court (Second Chamber) of 20 September 2007 (reference for a preliminary ruling from the House of Lords) — The Queen, Veli Tum, Mehmet Dari v Secretary of State for the Home Department (Association between the EEC and Turkey — Article 41(1) of the Additional Protocol — Standstill clause — Scope — National legislation introducing, after the entry into force of the Additional Protocol, new restrictions regarding the conditions of and procedures for entry into the territory of the Member State concerned)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/4
            
         Judgment of the Court (Second Chamber) of 20 September 2007 (reference for a preliminary ruling from the House of Lords) — The Queen, Veli Tum, Mehmet Dari v Secretary of State for the Home Department
   (Case C-16/05) (1)
   
   (Association between the EEC and Turkey - Article 41(1) of the Additional Protocol - ‘Standstill’ clause - Scope - National legislation introducing, after the entry into force of the Additional Protocol, new restrictions regarding the conditions of and procedures for entry into the territory of the Member State concerned)
   (2007/C 269/09)
   Language of the case: English
   Referring court
   House of Lords
   Parties to the main proceedings
   
      Applicants: The Queen, Veli Tum, Mehmet Dari,
   
      Defendant: Secretary of State for the Home Department
   Re:
   Reference for a preliminary ruling — House of Lords — Interpretation of Article 41(1) of the Additional Protocol, signed on 23 November 1970, annexed to the Agreement establishing an Association between the European Economic Community and Turkey and on measures to be taken for their entry into force (OJ 1977 L 361, p. 60) — Whether a Member State may introduce new restrictions on entry for Turkish nationals seeking to establish themselves in business in that State
   Operative part of the judgment
   Article 41(1) of the Additional Protocol, which was 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, is to be interpreted as prohibiting the introduction, as from the entry into force of that protocol with regard to the Member State concerned, of any new restrictions on the exercise of freedom of establishment, including those relating to the substantive and/or procedural conditions governing the first admission into the territory of that State, of Turkish nationals intending to establish themselves in business there on their own account.
   
      (1)  OJ C 69, 19.3.2005.