EEC-Turkey Association
Agreement
| EEC-Turkey Association Agreement |
Summary | Country | Date | Case | ECJ Law Report |
| Art 6,22(1) and 23 (Decision No 3/80 Arts 12 and 13) |
1. In the absence of any express provision on its entry into force, Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the MS to Turkish workers and members of their families entered into force on the date on which it was adopted and has been binding on the Contracting Parties since then. It follows from Art.s 6, 22(1) and 23 of the EEC-Turkey Association Agreement that decisions of the Association Council are measures adopted by a body provided for by the Agreement and empowered by the Contracting Parties to adopt such measures. In so far as they implement the objectives set by the Agreement, such decisions are directly connected with the Agreement and, as a result of the second sentence of Art. 22(1) thereof, have the effect of binding the Contracting Parties. 2. In common with provisions of agreements concluded by the Community with non-member countries, a provision adopted by an association council, set up by an association agreement to implement its provisions, must be regarded as being directly applicable when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure. Those conditions are not met by Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the MS to Turkish workers and members of their families. In the same way that Reg. 1408/71, to which Decision No 3/80 refers and which is also intended to coordinate the different legislation of the MS within the Community, required the adoption of implementing measures, which were embodied in Reg. 574/72, by its nature Decision No 3/80 was intended to be supplemented and implemented in the Community by a subsequent act of the Council. It follows that, so long as the supplementary measures essential for implementing Decision No 3/80 have not been adopted by the Council, Art.s 12 and 13 of that decision do not have direct effect in the territory of the MS and are therefore not such as to entitle individuals to rely on them before the national courts. | NL | 10.09.1996 | C-277/94 (Taflan-Met) | 1996, I-4085 |
