Resumen de Portability of social benefits and reverse discrimination of EU Citizens vis-à-vis Turkish Nationals: comment on Akdas

Katharina Eisele, Anne Pieter van der Mei

• Akdas demonstrates that Turkish nationals may enjoy a right to export "special non contributory benefits" that EU citizens do not enjoy. One is thus faced with a situation of reverse discrimination. This conclusion may be politically controversial but, as the ruling indicates, neither the non-discrimination clause contained in art.9 of the 1963 EEC-Turkey Association Agreement nor art.59 of the Additional Protocol of 1970 precludes this comparatively disadvantageous treatment of EU citizens. The message of the Court is plain: if the outcome of Akdas is deemed undesirable, it is up to the EEC-Turkey Association Council to repair the legal situation.