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THE EUROPEAN UNION THE EUROPEAN UNION AND SPORTAND SPORT

MICHELE COLUCCIMICHELE COLUCCI

Tilburg University, Spring semester 2012 Tilburg University, Spring semester 2012

www.colucci.euwww.colucci.eu

E-mail:info@colucci.euE-mail:info@colucci.eu

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The European Model of SportThe European Model of SportThe “Pyramid” modelThe “Pyramid” model

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CharacteristicsCharacteristicsPromotion and Promotion and relegationrelegationGrassroots approach (starting from the clubs)Stakeholders and their role (who does what?)

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Members of the « sports family »Members of the « sports family »

IOC IOC

FIFA FIFA

UEFA UEFA

EPFL EPFL

ECA (as of 21 of January 2008)ECA (as of 21 of January 2008)

FIFPRO (www.fifpro.org)FIFPRO (www.fifpro.org)

EUROPEAN COMMISSION?EUROPEAN COMMISSION?

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SPORT IN THE EUROPEAN SPORT IN THE EUROPEAN UNIONUNION

In the name of “Autonomy” and In the name of “Autonomy” and “Specificity”“Specificity”

Sport = life, passion, culture, Sport = life, passion, culture, entertainment, social values,... but entertainment, social values,... but also business!also business!

EU LAW V. AUTONOMY AND EU LAW V. AUTONOMY AND SPECIFICITY OF SPORTSPECIFICITY OF SPORT

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DECLARATION ON SPORTDECLARATION ON SPORTNICE 2000NICE 2000

““Sports federations maintain the Sports federations maintain the right to organise themselves” right to organise themselves” (autonomy).(autonomy).

““...The Community must...take ...The Community must...take account of the social, educational account of the social, educational and cultural functions inherent in and cultural functions inherent in sport and making it special...” sport and making it special...” (specificity).(specificity).

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LISBON TREATYLISBON TREATY1 December 20091 December 2009

““The Union shall contribute to the The Union shall contribute to the promotion of European sporting promotion of European sporting issues while taking account of its issues while taking account of its specific naturespecific nature, its structures based , its structures based on voluntary activity and its social on voluntary activity and its social and educational function”. (art. 165 and educational function”. (art. 165 TFEU) TFEU)

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EU Fields of application in SportEU Fields of application in Sport

Transfer rulesTransfer rules

Sale of ticketsSale of tickets

Broadcasting rightsBroadcasting rights

Monopoly of federationsMonopoly of federations

Multi-ownership of clubsMulti-ownership of clubs

........

........

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The case law of the ECJThe case law of the ECJ

““SSport is subject to Community law in so port is subject to Community law in so far as it constitutes an economic activity far as it constitutes an economic activity within the meaning of Article 2 of the within the meaning of Article 2 of the Treaty” Treaty” ..

WalraveWalrave case, C-36/74. case, C-36/74.

Donà v. MonteroDonà v. Montero case, C- 13/76(nationality case, C- 13/76(nationality clause).clause).

sport or economic activity?sport or economic activity?– C-51/96 C-51/96 DeliègeDeliège case, case, C-176/96, C-176/96, LethonenLethonen

case, case, Meca – MedinaMeca – Medina case (doping). case (doping).

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THE BOSMAN caseTHE BOSMAN casecause C -415/93cause C -415/93

DAVID v. GOLIAH!DAVID v. GOLIAH!

Sport= economic activity= Sport= economic activity= the end the end of transfer compensationof transfer compensation

Quid training ? Quid training ?

The 2010 FIFA regulations on Status The 2010 FIFA regulations on Status and Transfer of Players and Transfer of Players

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THE “BERNARD CASE”THE “BERNARD CASE”

TRANSFER RULESTRANSFER RULES

TRAINING COMPENSATIONTRAINING COMPENSATION

SPECIFICITY OF SPORTSPECIFICITY OF SPORT

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CONVERGENCE BETWEEN CONVERGENCE BETWEEN FREE MOVEMENT AND FREE MOVEMENT AND COMPETITION RULESCOMPETITION RULES

Art. 101 - 102 TFEU:Art. 101 - 102 TFEU:– NO agreement which may affect trade between NO agreement which may affect trade between

MSs and which have as their object or effect the MSs and which have as their object or effect the prevention, restriction or distortion of prevention, restriction or distortion of competition.competition.

– NO “abuse of dominant position”.NO “abuse of dominant position”.

BOSMAN caseBOSMAN caseBALOG case BALOG case (never delivered).(never delivered).PIAU on players agentPIAU on players agentG-14,Charleroi V. FIFAG-14,Charleroi V. FIFA (The battle of the (The battle of the TITANS !)TITANS !)

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THE THE MECA MEDINAMECA MEDINA CASE CASE

Compatibility of rules with the Compatibility of rules with the Community rules on competition cannot Community rules on competition cannot be assessed in the abstract.be assessed in the abstract.

Taking into account:Taking into account:– “ “the overall context” in which the decision the overall context” in which the decision

of the association of undertakings was of the association of undertakings was taken or produces its effects.taken or produces its effects.

– Its objectives: measures inherent in the Its objectives: measures inherent in the pursuit of those objectives and pursuit of those objectives and proportionate to them. proportionate to them.

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THE NEW SCENARIOTHE NEW SCENARIO

RETHINKING SPORT AT EU LEVEL?RETHINKING SPORT AT EU LEVEL?

NEW STRATEGIES AMONG NEW STRATEGIES AMONG STAKEHOLDERS?STAKEHOLDERS?

MORE CO-OPERATION WITH THE EU MORE CO-OPERATION WITH THE EU INSTITUTIONSINSTITUTIONS

CHANGE THE EU LEGISLATION IN THE CHANGE THE EU LEGISLATION IN THE NAME OF AUTONOMY AND NAME OF AUTONOMY AND SPECIFICITY OF SPORT?SPECIFICITY OF SPORT?

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CONCLUSIONCONCLUSIONSPORT IS FOR ALL SPORT IS FOR ALL (professionals and (professionals and amateurs)amateurs)

BUT IT IS NOT JUST A BUT IT IS NOT JUST A GAME...GAME...

EU SPORTS POLICY EU SPORTS POLICY FRAMEWORKFRAMEWORK

WE ARE THE PLAYERS WE ARE THE PLAYERS OF THE FUTURE OF OF THE FUTURE OF EUROPE!EUROPE!