92000E2207

WRITTEN QUESTION E-2207/00

by Ilda Figueiredo (GUE/NGL) to the Commission

(3 July 2000)

Subject: Discrimination in the Luxembourg Football Federation

A number of clubs in Luxembourg, most but not all of whose directors and players are Portuguese, have been prevented from registering with the Luxembourg Football Federation.

After abandoning its initial argument that they were foreign clubs, the Federation has used various ploys, laying down requirements which are not contained in its own statutes and using last-minute pretexts when all the requirements have been met, as happened in the case of Águias Boavista.

Does the Commission agree that the Luxembourg Football Federation's attitude is creating discrimination between clubs which, though comprising members of different nationalities, are governed by the same Luxembourg legislation?

Answer given by Mrs Reding on behalf of the Commission

(17 October 2000)

The Commission is of the opinion that a discrimination between clubs by a sports federation on the grounds that a number of the members, players and/or directors of certain clubs have the nationality of other Member States is contrary to Community law, and notably Article 7(2) of

Council Regulation (EEC) No 1612/68 on freedom of workers within the Community(1). This provision states that workers who have the nationality of other Member States are to be granted the same social and tax advantages as national workers. The Court of Justice has ruled on several occasions that this provision applies to leisure activities(2) and it is obvious that practising sport as an amateur is a leisure activity.

The Commission draws the attention of the Honourable Member to the fact that the breach of Community law would be attributable to the rule of a private operator, since sports federations' status is governed by private law. Therefore the Commission has no competence to intervene and formally examine this case. In the context of a private sport federation, the Commission could only intervene directly on the basis of competition rules. However competition issues are not concerned in this particular case. Therefore, it is up to the potential victims of the discrimination to seek redress before the national judge.

(1) OJ L 257, 19.10.1968.

(2) Case C-334/94 [ECR] 1996, I-1307.