This document is an excerpt from the EUR-Lex website
Document E2017P0008
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 25 September 2017 in the case of Henrik Kristoffersen v the Norwegian Ski Federation (Case E-8/17)
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 25 September 2017 in the case of Henrik Kristoffersen v the Norwegian Ski Federation (Case E-8/17)
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 25 September 2017 in the case of Henrik Kristoffersen v the Norwegian Ski Federation (Case E-8/17)
OJ C 27, 25.1.2018, p. 22–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.1.2018 |
EN |
Official Journal of the European Union |
C 27/22 |
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 25 September 2017 in the case of Henrik Kristoffersen v the Norwegian Ski Federation
(Case E-8/17)
(2018/C 27/10)
A request has been made to the EFTA Court by a letter dated 25 September 2017 from Oslo tingrett (the Oslo District Court), which was received at the Court Registry on 25 September 2017, for an Advisory Opinion in the case of Henrik Kristoffersen v the Norwegian Ski Federation on the following questions:
1. |
Which legal criteria shall be particularly emphasised in the assessment of whether a national sports federation's system of prior control and consent for individual sponsorship contracts of this type — before the rights to such markings are transferred from the federation — shall be deemed a restriction on the athlete's freedom to provide services pursuant to Article 36 EEA or Directive 2006/123/EC (the Services Directive)?
|
2. |
Which legal criteria shall be particularly emphasised in the assessment of whether a national sports federation's concrete refusal to approve professional national team athletes' individual sponsorship contracts for such markings — so that the rights to such markings remain with the federation — shall be deemed a restriction on the athlete's freedom to provide services pursuant to Article 36 EEA or Directive 2006/123/EC (the Services Directive)?
Provided that a restriction is deemed to exist; |
3. |
Can the national sports federation's Joint Regulations (approval scheme) for the potential utilisation by athletes of the marking in an individual contract constitute an authorisation scheme within the meaning of Article 4(6) of Directive 2006/123/EC (the Services Directive)?
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4. |
In the assessment of the scheme's lawfulness — either pursuant to Article 36 EEA or Articles 9, 10 or 16 of the Services Directive — must the national court consider the provisions of the regulations and the refusal seen in isolation, or shall it also take into consideration:
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5. |
What bearing does it have on the legality assessment that approval of individual contracts regarding these markings is subject to the free discretion of the federation? |
6. |
What procedural requirements, if any, do Article 13 of Directive 2006/123/EC or Article 36 EEA stipulate for the proceedings and the decisions under a national sports federation's approval scheme for individual marketing contracts (sponsorship contracts) for commercial markings, and what is the consequence under EEA law of failure to comply with any such procedural requirements? |