Parliamentary question - P-2414/2009Parliamentary question
P-2414/2009

‘Soysal’ judgment of the European Court of Justice (ECJ) of 19 February 2009 — visa requirement for Turkish nationals entering the territory of a Member State

WRITTEN QUESTION P-2414/09
by Cem Özdemir (Verts/ALE)
to the Commission

The ECJ recently handed down a judgment in the ‘Soysal’ case (C-228/06) in which it ruled that it is inadmissible to impose a visa requirement on Turkish nationals entering the territory of a Member State with a view to providing services there on behalf of an undertaking established in Turkey. On the basis of the relevant ECJ case law — C-274/96 (Bickel and Franz), Case C‑186/87 (Cowan), etc. — the literature concludes that the free movement of services also encompasses the exercise of the right to receive services. On that basis, the visa requirement imposed by some Member States on Turkish nationals seeking to receive services (e.g. by making business or study trips, obtaining medical treatment or engaging in tourism) in the EU would be unlawful. In the light of Regulation (EC) No 539/2001[1], and given that accession negotiations with Turkey have been under way since 3 October 2005:

OJ C 189, 13/07/2010