In a decision sent to a German court, the ECJ said that the EU can not require visas from Turkish nationals based on Article 41 of an Additional Protocol signed by Turkey and the European Economic Community on November 23, 1970.
A Turkish lorry driver, Mehmet Soysal, filed a case with a Berlin State court in 2007 asking for the cancellation of a visa requirement from Turks.
The Berlin court then asked the ECJ to rule on whether Article 41 of the Additional Protocol could be applied to Germany's demands of Schengen visas from Turkish drivers working internationally.
The German court also requested from the ECJ, in the case the ECJ ruled that visas may not be required from Turkish lorry drivers, to explain if the decision entitles all Turks to enter Germany without visas.
ECJ said, "at the time of the entry into force of the Additional Protocol with regard to the Federal Republic of Germany, namely 1 January 1973, Turkish nationals such as the appellants in the main proceedings, engaged in the provision of services in Germany in the international transport of goods by road on behalf of a Turkish undertaking, had the right to enter German territory for those purposes without first having to obtain a visa."
ECJ ruled, "In the light of all the foregoing considerations, the answer to the questions referred is that Article 41(1) of the Additional Protocol is to be interpreted as meaning that it precludes the introduction, as from the entry into force of that protocol, of a requirement that Turkish nationals such as the appellants in the main proceedings must have a visa to enter the territory of a Member State in order to provide services there on behalf of an undertaking established in Turkey, since, on that date, such a visa was not required."
Last Mod: 19 Şubat 2009, 15:00