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Document 91999E002621
WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission. Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law.
WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission. Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law.
WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission. Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law.
OJ C 280E, 3.10.2000, p. 86–87
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
91999E2621
WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission. Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law.
Official Journal 280 E , 03/10/2000 P. 0086 - 0087
WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission (12 January 2000) Subject: Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law Article 20 of the rules of the Royal Spanish Swimming Federation stipulates that Clubs taking part in open competitions may obtain licences for two players whose nationality is other than Spanish mldr. Bearing in mind that the league is non-professional, does this restriction comply with Community law when applied to players who are nationals of the Member States? Does this restriction comply with Community law if the players in question are nationals of the Member States employed under labour contracts? Answer given by Mrs Diamantopoulou on behalf of the Commission (28 February 2000) The Court of justice has, with the Bosman judgement(1), confirmed that Community law provisions on free movement are applicable to professional sports and, in particular, that Article 39 (ex Article 48) of the EC Treaty on freedom of movement of workers applies to the rules of sporting associations. Limitation of the number of players having the nationality of other Member States who may be fielded in a match is therefore contrary to Community law. Amateurs, that is to say people who are not practising sport as an economic activity, are not covered by that judgement. However, the Commission is of the opinion that the rule of a sporting association which limits the number of amateur players having the nationality of other Member States who may be fielded in a match is also contrary to Community law, and notably to Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community(2). That provision states that Community workers are to be granted the same social and tax advantages as national workers. The Court has ruled on several occasions that the provision applies to leisure activities(3) and it is indisputable that practising sport as an amateur is a leisure activity. Whether or not the sport practised by amateurs is an economic activity has to be judged on the basis of the characteristics of the activity. (1) Case C-415/93, [ECR] 1995, I-4921. (2) OJ L 257, 19.10.1968. (3) Case C-334/94 [ECR] 1996, I-1307.