92002E1044

WRITTEN QUESTION P-1044/02

by Theresa Zabell (PPE-DE) to the Commission

(9 April 2002)

Subject: Sporting licences

In December 2001, in Münster (Germany), the European Volleyball Confederation Cup was won by the Spanish club Caja de Ávila CSC. Nonetheless, this club was disqualified because the collective sporting licence which it presented was one issued by the Royal Spanish Volleyball Federation (which had earlier confirmed that the documentation was in order), rather than by the European Volleyball Confederation. The latter organisation claimed that the Spanish licence was invalid. The Royal Spanish Volleyball Federation is responsible for overseeing and monitoring volleyball clubs, and represents the European Volleyball Confederation in Spain. All documentation concerning Spanish clubs participating in European competitions has to pass through the Federation.

Given that citizens' rights in the European Union must apply without limitation or curtailment in all the Member States, can the Commission explain on what grounds a licence issued by a federation in one Member State can be refused recognition and treated as invalid in another?

Answer given by Mrs Reding on behalf of the Commission

(7 May 2002)

The Commission would remind the Honourable Member that both the Commission, in its report on sport at the Helsinki Council(1) (10/11 December 1999), and the Council of the European Union, in its declaration attached to the conclusions of the Nice Council (7-10 December 2000)(2), indicated their support for the independence of sports organisations and their right to organise themselves. It is therefore the task of sporting organisations to organise and promote their particular sports by, for example, organising international competitions. This must of course be done with due regard for national and Community legislation.

The application of formalities for registration and participation in an international tournament is clearly governed by rules specific to the sport and by the need for federations to independently organise competitions in their sport, provided these formalities do not contravene Community law, particularly on non-discrimination. However, they are not themselves an unacceptable restriction to the freedom of movement of persons. On the contrary, such formalities are necessary in order to properly organise an international competition. The information which the Commission has received does not therefore at this stage indicate an infringement of Community law. The Commission could reach a conclusion on this matter only following a full examination on the basis of much more precise information. In any case, should the club in question feel that the disputed decision has violated a right arising from Community law, it would be up to it to seek redress before the competent national courts.

(1) Report from the Commission to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework. COM(1999) 644 final.

(2) Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies http://www.europarl.eu.int/summits/nice2_en.htm

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