On Wednesday 11 July in Case C-629/16), the EU Court of Justice held that a member state can require authorisation for the commercial carriage of goods from Turkey passing through its territory if this authorisation requirement precedes the entry into force of the standstill clause between the European Union and Turkey.
A Turkish haulier was fined for failing to obtain the authorisation issued by the Austrian authorities to travel through Austria to Germany. The company challenged the compatibility of the Austrian authorisation system with the EU/Turkey Association Agreement.
In its ruling, the Court considers that the Austrian legislation is appropriate to the transport domain, which, in under he current terms of the Association Agreement, remains essentially non-liberalised, so that the provisions relating to the free movement of goods between the Union and Turkey are not applicable. Therefore, the access of Turkish hauliers to the international transport market is subject to the conditions established by the regulations of the member states and bilateral agreements they have concluded with Turkey.
According to the standstill clause concluded between the EU and Ankara, the contracting parties must refrain from introducing new restrictions on the freedom to provide services, particularly with regard to transport services.
The Austrian courts will have to check that the authorisation scheme was introduced prior to this clause. If this is the case, the Austrian regulation will be compatible with the EU/Turkey Association Agreement. (Original version in French by Mathieu Bion)