Judgment of the Court (Grand Chamber) of 24 September 2013 (request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg – Germany) – Leyla Ecem Demirkan v Bundesrepublik Deutschland
(Case C-221/11) 1
(EEC-Turkey Association Agreement – Additional Protocol – Article 41(1) – ‘Standstill’ clause – Visa requirement for admission to the territory of a Member State – Freedom to provide services – The right of a Turkish national to enter a Member State in order to visit a family member and, potentially, to receive services)
Language of the case: German
Referring court
Oberverwaltungsgericht Berlin-Brandenburg
Parties to the main proceedings
Applicant: Leyla Ecem Demirkan
Defendant: Bundesrepublik Deutschland
Re:
Request for a preliminary ruling – Oberverwaltungsgericht Berlin-Brandenburg – 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 relating to measures to be taken for their implementation (OJ 1972 L 293, p. 3) – Interpretation of the concept of ‘freedom to provide services’ in that provision – Possible inclusion of ‘passive’ freedom to provide services – Right of a Turkish national to travel to another Member State in order to visit a member of his family there and possibly to receive services
Operative part of the judgment
The notion of ‘freedom to provide services’ in Article 41(1) of the Additional Protocol signed in Brussels on 23 November 1970 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 not encompassing freedom for Turkish nationals who are the recipients of services to visit a Member State in order to obtain services.
________________________1 OJ C 232, 6.8.2011.