Keywords
Summary

Keywords

1. International agreements — Agreements concluded by the Community — Direct effect — Article 38(1), first indent, of the Association Agreement between the Communities and Slovakia — (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

2. International agreements — Association Agreement between the Communities and Slovakia — Workers — Equal treatment — Working conditions — Article 38(1), first indent, of the Agreement — Scope — Rule laid down by a sports federation determining the conditions under which professional sportsmen may engage in gainful employment — Included — (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

3. International agreements — Association Agreement between the Communities and Slovakia — Workers — Equal treatment — Working conditions — Rule laid down by a sports federation limiting the participation in certain competitions of professional players originating in non-member countries — Not permissible — (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

Summary

1. The first indent of Article 38(1) of the Association Agreement between the Communities and Slovakia, which provides that workers of Slovak nationality legally employed in the territory of a Member State must not be subject to discrimination based on nationality in regard to working conditions, remuneration or dismissal, as compared to that Member State's own nationals, has direct effect, with the result that Slovak nationals who invoke it are entitled to rely on it before national courts of the host Member State.

see para. 30

2. The first indent of Article 38(1) of the Association Agreement between the Communities and Slovakia applies to a rule drawn up by a sports federation which determines the conditions under which professional sportsmen engage in gainful employment.

see para. 37

3. The first indent of Article 38(1) of the Association Agreement between the Communities and Slovakia precludes the application to a professional sportsman of Slovak nationality, who is lawfully employed by a club established in a Member State, of a rule drawn up by a sports federation in that State under which clubs are authorised to field, during league or cup matches, only a limited number of players from non-member countries that are not parties to the Agreement on the European Economic Area.

see para. 58, operative part