TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

VATANDAŞUK, GÖÇ, MÜLrEd VE YABANCILAR HIJKLIKUNDAK İ GÜNCEl. GF[iŞMELERas a result of further litigation in the Adrninistrative Court in AUIO.E ByApril 2009, the Horne Office accepted during the course of the PRAKASH SHAHproceedings that Turkish citizens may apply for entry clearancein Turkey to come to the UK to conduct business.36Two more cases, both references from courts in Gerrnany,ought to be mentioned here as they are also of great significance.The first Abatay and 5ahin 37 established that the impositionof a work permit requirernent on Iorry drivers by legislation inGerrnany after the entry into force of the Additional Protocolwas in breach of the standsti İ l provisions in Article 41(1) and inArticle 13 of Decision ı/So. The case concerned lorry driverswho were involved in the haulage of food from Turkey, as welias the transport company hiring thern. Of greater signiflcanceis the Soysal decision of the ECJ holding that the imposition ofthe visa requirement on those providing services in a MemberState goes against the standstill clause in Article 41(1).38 At issuewas the requirernent, with effect from 5 October 1980,39 thatTurkish nationais transporting goods from Turkey to Cerrnanyrnust hold a visa in orderto provide services in Gerrnany. The ECJruled against the visa requirement, notwithstanding that the visarequirement forTurkish nationais is now contained in Communitybe considered under the older Rules. Ele was again refused and the refusalwas upheid by the Asyluni and Immigration Tribunal on the basis that hehad established three businesses when he had no perniission to do so andwas therefore 'abusive'.R (on the applfcation of Selcuk and others) v Secretaiy of State for the HomeDepartment, CO/12212/2008, 29 April 2009.Eran Abatay and Others and Nadi Sahfn v Bundesansta!t für Arbeit (CasesC-317101 and C-369/01) [2003] ECR 1-12301.Mehmet Soysal and Ibrahim Savatlf v Bundesrepublik Deutschland (CaseC-228/o6), decision date 19 February 2009. Besides the Gerruan govemment,the Danish, Greek and Siovenian governments aiso made representationsta the ECJ, as did the Commission.Although the amendment ta the Foreigners Law of Germany took piace on1 July 1980 the change had ta await the cancellation of the German-TurkishVisa Agreement of 1953: see statement by Harun Gümrükçü and wolfgabngVoegeli, related:proje.akdeniz.edu.tr/iibf/euromaster/folder-gk/Joint%2oCommentary%200f%2othe%2oEuroMaster%2oDirectors.pdf, last accessed 27April 2009.321