The legal order of the European Union primarily governs relations between Member States and EU institutions. Nevertheless, under certain conditions, natural and legal persons from third countries may also have access to judicial remedies before the EU courts. Actions brought by Turkish companies before the Court of Justice of the European Union constitute concrete examples of this possibility in practice.

The right of Turkish companies to bring proceedings before EU judicial bodies derives particular significance from the legal framework established by the Ankara Agreement, the Additional Protocol and the EU–Turkey Customs Union. These instruments create not only economic relations but also legal obligations between the parties. Measures adopted by EU institutions in the field of trade policy may therefore become subject to judicial review insofar as they directly affect specific Turkish undertakings.

Articles 263 and 340 of the Treaty on the Functioning of the European Union provide the legal basis for actions against EU institutions. Article 263 allows 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 are also applicable to companies established in third countries. However, the requirement that an applicant must be directly and individually concerned by the contested act is interpreted restrictively in the case of non-EU companies.

A substantial number of actions brought by Turkish companies concern anti-dumping duties, trade defence measures, quotas and licensing systems, as well as regulatory decisions adopted within the framework of the Customs Union. Where such measures target specific undertakings or have a direct impact on their commercial activities, they may be subject to judicial scrutiny. In these cases, the EU courts carefully examine whether a sufficiently direct causal link exists between the alleged unlawful act and the damage claimed.

Among the cases brought by Turkish companies, the action initiated by Yedaş Tarım ve Otomotiv Sanayi ve Ticaret AŞ occupies a particular place. In that case, the company alleged that certain trade measures adopted by EU institutions under the Customs Union regime had caused economic harm and sought compensation from the Union. The General Court acknowledged in principle that third-country companies may bring actions against EU institutions, while emphasizing that a sufficiently serious breach of EU law and a direct causal connection between the act and the damage must be established. This reasoning demonstrates that Turkish companies are not excluded from access to justice within the EU legal order, although strict admissibility conditions 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 assessing such claims, the EU courts take into account not only the fundamental principles of EU law but also the general rules of international trade law. These cases therefore contribute not merely to the resolution of individual disputes but also to defining the legal limits of the European Union’s external trade policy.

Actions brought by Turkish companies before the Court of Justice of the European Union clearly demonstrate that economic relations between Turkey and the European Union operate within a judicial framework as well as a political and administrative one. These cases contribute to the development of case-law concerning the position of third-country companies under EU law and play a role in shaping EU external relations law. In this respect, such litigation is significant not only for the protection of individual commercial interests but also for understanding the legal structure of EU–Turkey relations.