Tagged: Ankara Agreement

Case C-221/11 Leyla Demirkan: introducing ‘regressive interpretation’ for Association Agreements

On the 24th of September the CJEU delivered its judgement in the Demirkan case. Ms Demirkan, a Turkish national, had requested a short-term tourist Visa to German authorities to go and visit her stepfather, a German national. However, since the German authorities rejected her request, Ms Demirkan attacked the decision arguing that on the basis of Article 41(1) of the Additional Protocol to the EU–Turkey Association Agreement she was entitled to enter Germany without a Visa because at the time of the conclusion of the Additional Protocol -1970- Turkish nationals did not need a Visa to enter Germany as tourists. On the basis of Ms Demirkan’s claim, the referring court in Berlin addressed two questions to the CJEU. First, it asked whether article 41(1) of the Additional protocol containing the ‘stand-still’ clause on restrictions related to the freedom of establishment and the freedom to provide services included the passive reception of services. Secondly, the referring court asked the CJEU whether a tourist traveling to visit family could be considered as a passive recipient of services when the purpose of traveling is personal and not economical. Continue reading

AG Cruz Villalon in Case C-221/11 Demirkan: Selective Associationism

In Demirkan, the Court will have the difficult task to decide whether Article 41 (1) of the Additional Protocol to the 1963 Association Agreement between the EU and Turkey may actually extend to the passive freedom to receive services (the freedom to move to a Member State to receive a service). In his opinion presented last Thursday, Advocate General Cruz Villalon suggests the Court should say no – based on somewhat conventional, yet interesting arguments which use the rules of interpretation of the Vienna Convention on the Law of Treaties in a very selective way. Continue reading