Turkish companies before the Court of Justice of the European Union
The legal order of the European Union is primarily designed to regulate relations between Member States and EU institutions. Nevertheless, under certain conditions, legal persons established in third countries may also have access to judicial remedies before the Court of Justice of the European Union. Actions brought by Turkish companies before the EU courts represent concrete examples of this possibility and demonstrate that EU–Turkey economic relations operate within a judicial framework as well as a political and administrative one.
The ability of Turkish companies to bring proceedings before the EU courts derives particular significance from the legal framework established by the Ankara Agreement, the Additional Protocol and the EU–Turkey Customs Union. These instruments generate not only commercial relations but also legal obligations between the parties. Measures adopted by EU institutions in the field of trade policy, when they directly affect specific Turkish undertakings, may therefore be subject to judicial review.
The legal basis for such actions is found mainly in Articles 263 and 340 of the Treaty on the Functioning of the European Union. Article 263 enables legal persons to challenge unlawful acts of EU institutions, while Article 340 governs the non-contractual liability of the Union for damage caused by its institutions. In principle, these provisions apply equally to companies established outside the European Union. However, EU case-law interprets standing requirements restrictively, particularly in relation to the condition that the applicant must be directly and individually concerned by the contested measure.
A substantial number of actions brought by Turkish companies concern anti-dumping duties, trade defence instruments, quotas and licensing systems, as well as regulatory decisions adopted within the framework of the Customs Union. Where such measures are directed at identifiable undertakings or produce direct legal effects on their commercial activities, they may be reviewed by the EU courts. In these proceedings, the courts carefully assess whether a sufficiently direct causal link exists between the allegedly unlawful act and the damage claimed.
Among the cases initiated by Turkish companies, the action brought by Yedaş Tarım ve Otomotiv Sanayi ve Ticaret AŞ occupies a particular place. The company argued that certain trade measures adopted by EU institutions under the Customs Union regime caused economic harm and therefore sought compensation from the European Union. The General Court accepted in principle that companies from third countries may bring actions against EU institutions, while emphasising that a sufficiently serious breach of EU law and a direct causal connection between the act and the alleged damage must be established. This judgment illustrates that access to justice within the EU legal order is not limited to EU-based undertakings, although strict admissibility criteria apply.
In anti-dumping and trade defence litigation, Turkish companies frequently argue that their rights of defence have been violated, that procedural irregularities occurred during the investigation process, and that the measures imposed are disproportionate. When examining these claims, the EU courts take into account not only the fundamental principles of EU law but also the general rules of international trade law. In this respect, such cases do not merely resolve individual commercial disputes but also contribute to defining the legal boundaries of the European Union’s external trade policy.
Actions brought by Turkish companies before the Court of Justice of the European Union highlight the judicial dimension of EU–Turkey economic relations and contribute to the development of case-law concerning the position of third-country companies under EU law. They demonstrate that the EU legal system provides mechanisms through which non-EU economic operators may seek review of measures affecting their rights and interests. From a broader perspective, this body of jurisprudence forms part of the evolving framework of EU external relations law and international economic law, reflecting the increasing interdependence of legal orders in cross-border trade relations.