Abstract

In the "Demirkan" ruling, the Court of Justice of the European Union refused to extend the passive freedom of services first stated in the "Luisi and Carbone" ruling to Turkish tourists wishing to enter a member State of the EU without obtaining a visa. The Case Note reviews the grounds of this finding, which partially reiterate those at the basis of the "Ziebell" ruling as regards the different purposes of the Association between Turkey and the EU, on the one hand, and the Treaty on the European Union, on the other hand. Nevertheless, doubts are raised on the importance that the Court and the Advocate General in "Demirkan" attach to the link between the passive freedom of services and the concept of European citizenship. Ultimately, the impact of the ruling on the negotiation between Turkey and the EU on visa liberalization is highlighted.