WRITTEN QUESTION P-0357/01

by Bart Staes (Verts/ALE) to the Commission

(6 February 2001)

Subject: UEFA rules in contravention of European Treaties

The European football federation (UEFA) bans clubs with financial links from playing each other in UEFA competitions (the cup and the champions league). Ajax and Germinal Beerschot of Antwerp are probably the first victims of this ban. On Tuesday, 16 May 2000 the Dutch club acquired a 51 % majority stake in the Antwerp club.

Is the UEFA ban on clubs with financial links playing each other in contravention of the European Treaties? If so, what action will the Commission take to put a stop to any contravention of the Treaties by the UEFA ban?

Answer given by Mr Monti on behalf of the Commission

(14 March 2001)

The Honourable Member refers to the 1998 UEFA rule on integrity of the UEFA club competitions; independence of clubs. According to UEFA, the rule is designed to protect the sporting integrity of its club competitions by not allowing clubs controlled by one and the same entity to take part in the same UEFA competition.

The rule was notified to the Commission and was the subject of a notice issued under Article 19(3) of Regulation 17/62(1). The Commission's preliminary position as set out in the notice is that the notified rule can be considered to be a decision of an association of undertakings or an agreement between associations of undertakings within UEFA as defined in Article 81 (formerly Article 85) of the EC Treaty. Taking into account what the Court of Justice recognised in the Bosman case as legitimate objectives(2) in view of the considerable social importance of football in the Community, the Commission considers that the restrictions imposed by the rule might escape the prohibition laid down in Article 81(1).

However, in order to determine whether or not this provisional conclusion can be confirmed, the Commission must know whether those restrictions are limited to what is necessary to safeguard the integrity of UEFA competitions and the uncertainty of results. In other words, it must ascertain whether or not less restrictive means exist for achieving the objective of safeguarding the integrity and uncertainty of results of club competitions organised by UEFA.

The matter is still being looked into and no definitive position has been adopted.

(1) OJ C 363, 17.12.1999.

(2) Case C-415/93 [1995] ECR I-4921, point 106.