41In support of their case, Mr Turn and Mr Dari rely on the following arguments:— the above interpretation is consistent with the aims of the Association Agreement and the Additional Protocol, namely the progressive abolition of restrictions on freedom of establishment;— under Community law, freedom of establishment has been interpreted by the Court as being concerned with the conditions of both entry and stay in the territory of a Member State as the necessary corollaries to freedom of establishment (see, to that effect, inter alia Case 48/75 Royer [1976] ECR 497, paragraph 50; Joined Cases C-100/89 and C-101/89 Kaefer and Procacci [1990] ECR I-4647, paragraph 15; and Case C-257/99 Barkoci and Malik [2001] ECR I-6557, paragraphs 44, 50, 58 and 83) and there is no reason why the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol cannot also be interpreted to that effect, particularly bearing in mind the objective set out in Article 13 of the Association Agreement;— the ‘standstill’ clause would be rendered meaningless and redundant if Member States were permitted to make more difficult or even impossible the entry of Turkish nationals into their territories, in so far as the protection of the status quo as regards the conditions of their establishment and/or their stay would thus have no practical significance;— there is nothing in the wording of the ‘standstill’ clause or, more generally, in the legislation relating to the EEC-Turkey Association to suggest that the application of that clause is limited to conditions of stay and establishment, excluding conditions of entry. The difference in wording between the ‘standstill’ clause in Article 41(1) of the Additional Protocol and the similar clause in Article 13 of Decision No 1/80 relating to workers is significant in that regard. Furthermore, the relevant case-law of the Court is general in nature.
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