92002E3378

WRITTEN QUESTION E-3378/02

by Margrietus van den Berg (PSE) to the Commission

(27 November 2002)

Subject: State aid for Dutch football clubs

The European Commission has indicated to the Netherlands Government that it is not happy with the government aid being granted to football clubs in the Netherlands.

Does the Commission share my view that, given the social significance of sport acknowledged in the Treaty of Nice a yardstick is required that is different from the manifest disapproval of aid to football clubs?

Is the Commission prepared to discuss the matter again, bearing in mind the Treaty of Nice which acknowledges the role which sport plays in society and which does not refer to sport as being a subject to be dealt with in the context of unfair competition?

Answer given by Mr Monti on behalf of the Commission

(8 January 2003)

The Dutch government sent the Commission in June 2002 a letter stating that state aid to football clubs in whatever form is not be considered as state aid. The Commission has responded that it could not agree with this observation in general. According to jurisprudence of the Court of Justice, professional football clubs have to be regarded as undertakings. Therefore, financial support to these undertakings falls in principle under the state aid rules. The Commission added that, however, without a full examination of the details in a specific case, the Commission is not in the position to take a view on the question whether or not public support for football clubs is compatible with these rules on state aid.

The Declaration of Nice acknowledges the principle that sport as such entails social, as well as educational and cultural functions. The European Council, therefore, requests the Community institutions and the Member States to implement their policies, in compliance with the EC Treaty, in accordance with their respective powers and in the light of this principle.

In the letter mentioned above, the Commission has actually asserted that for example subsidies granted by the French authorities for the purpose of giving school education to young people combined with sports training performed by professional football clubs does not constitute aid. The Commission herewith acts in line with the principles referred to in the Declaration of Nice.

However, at the same time under certain circumstances aid to professional football clubs might involve state aid elements.