ECJ update: Akdas, Jipa, İŞİ Partisi, infiringement actions

29 November 2007(*)

(Application initiating proceedings – Procedural requirements – Manifest inadmissibility – Manifest lack of jurisdiction)

In Case T-250/07,

İŞÇİ Partisi (Turkish Labor Party), established in Ankara (Turkey), represented by R. Sinner, lawyer,

applicant,

v

French Republic,

Commission of the European Communities,

Council of the European Union

defendants,

ACTION brought against the alleged violation by the French Republic of the Agreement establishing an Association between the European Economic Community and Turkey and its Additional Protocols, by maintaining restrictions to the freedom of establishment and freedom to provide services, through the introduction of visa requirements affecting Turkish nationals entering its territory,

THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fourth Chamber),

composed of: O. Czúcz (Rapporteur), President of the Chamber, J. D. Cooke and I. Labucka, Judges,

Registrar: E. Coulon,

makes the following

Order

 Facts and procedure

1        By letter dated 20 September 2004, the Directorate General of Justice and Home Affairs of the European Commission (‘the Commission’) replied to a letter sent by the applicant and addressed to the Commission’s President, concerning the implementation of the right of free movement and the compatibility of the visa regime applied to Turkish citizens by certain Member States with the Agreement establishing an Association between the European Economic Community and Turkey and its Additional Protocols (‘the Ankara Agreement’), as follows:

‘As Community law stands at present, the provisions concerning the Association between the European Economic Community and the Republic of Turkey do not encroach upon the competence retained by the Member States to regulate both the entry into their territories of Turkish nationals and the conditions under which they may take up first employment, but merely regulate the situation of Turkish workers who are already lawfully integrated into the host Member State as a result of lawful employment over a certain period. Accordingly, I am of the view that the visa regime currently applied to Turkish citizens is compatible with the Association Agreement.’

2        By letter dated 19 October 2004, the Council of the European Union replied to two letters sent by the applicant, informing it that ‘according to the applicable EC legislation (Council Regulation (EC) No 539/2001), Turkish nationals are subject to a visa requirement when entering the Community. Moreover the responsibility for handling visa applications rests with individual Member Sates.’

3        By application lodged at the Registry of the Court of First Instance on 16 July 2007, the applicant brought the present action.