Keywords
Summary

Keywords

1 . DISCRIMINATION BASED UPON NATIONALITY - PROHIBITION - MATCHES BETWEEN PROFESSIONAL SPORTSMEN - EXCLUSION - INFRINGEMENT OF ARTICLES 48 TO 51 OR 59 TO 66 OF THE EEC TREATY - RESTRICTIONS IN THE CASE OF MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE - PERMISSIBILITY - JURISDICTION OF THE NATIONAL COURT

( EEC TREATY , ARTICLES 7 , 48 TO 51 , 59 TO 66 )

2 . WORKERS - FREEDOM OF MOVEMENT - SERVICES - FREEDOM TO PROVIDE - DISCRIMINATION - ABOLITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION BY NATIONAL COURTS

( EEC TREATY , ARTICLE 48 , FIRST PARAGRAPH OF ARTICLE 59 , THIRD PARAGRAPH OF ARTICLE 60 ).

Summary

1 . RULES OR A NATIONAL PRACTICE , EVEN ADOPTED BY A SPORTING ORGANIZATION , WHICH LIMIT THE RIGHT TO TAKE PART IN FOOTBALL MATCHES AS PROFESSIONAL OR SEMI-PROFESSIONAL PLAYERS SOLELY TO THE NATIONALS OF THE STATE IN QUESTION , ARE INCOMPATIBLE WITH ARTICLE 7 AND , AS THE CASE MAY BE , WITH ARTICLES 48 TO 51 OR 59 TO 66 OF THE TREATY , UNLESS SUCH RULES OR PRACTICE EXCLUDE FOREIGN PLAYERS FROM PARTICIPATION IN CERTAIN MATCHES FOR REASONS WHICH ARE NOT OF AN ECONOMIC NATURE , WHICH RELATE TO THE PARTICULAR NATURE AND CONTEXT OF SUCH MATCHES AND ARE THUS OF SPORTING INTEREST ONLY . IT IS FOR THE NATIONAL COURT TO DETERMINE THE NATURE OF THE ACTIVITIES SUBMITTED TO ITS JUDGMENT AND TO TAKE INTO ACCOUNT ARTICLES 7 , 48 AND 59 OF THE TREATY , WHICH ARE MANDATORY IN NATURE , IN ORDER TO JUDGE THE VALIDITY OR THE EFFECTS OF A PROVISION INSERTED INTO THE RULES OF A SPORTING ORGANIZATION .

2 . ARTICLE 48 ON THE ONE HAND AND THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE TREATY ON THE OTHER - THE LAST TWO PROVISIONS AT LEAST IN SO FAR AS THEY SEEK TO ABOLISH ANY DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE BY REASON OF HIS NATIONALITY OR THE FACT THAT HE RESIDES IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED - HAVE A DIRECT EFFECT IN THE LEGAL ORDERS OF THE MEMBER STATES AND CONFER ON INDIVIDUALS RIGHTS WHICH NATIONAL COURTS MUST PROTECT .