#ACTIO SPORTS BALNEARIO CAMBORIU FREE#

Since then, the sports governance in Europe have sought the recognition of such “sporting exception” to the EU legislation. It also originated what is known today as “the sporting exception” (or also as sporting exemption), which corresponds to the holy grail of the sports governance.(7) Although in that case the ECJ ruled that the Treaty provisions prohibiting discrimination on the grounds of nationality apply to sport “ hen such activity has the character of gainful employment or remunerated service”(5), nevertheless the Court held that “this prohibition however does not affect the composition of sports teams, in particular national teams, the formation of which is a question of purely sporting interest and as such has nothing to do with economic activity.” (6) This latter statement, which coined the phrase “purely sporting interests”, became the argument on which SGBs most relied in subsequent cases in which sport was again scrutinised under the light of the EU law. The Walrave case regarded nationality clauses imposed by sports governing bodies (SGBs) which prohibited teams composed by members of different nationalities to compete in an international championship. ”(4) This ground-breaking statement would be repeated by the Court many times over the years in many others not less significant judgements. The rise of the “sporting exception” to EU lawīack in 1974, it was established by the European Court of Justice (ECJ) in the landmark case Walrave and Koch v Association Union Cycliste Internationale(3) that “ aving regard to the objectives of the Community, the practice of sport is subject to Community law only in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty.

(2) The border between where sport is subject to EU law and where it is not is a grey area, and the governance of the sports sector have been struggling in the past few decades trying to avoid, as much as possible, the interference of the EU in the sporting field. Therefore, where sport touches the economy, it has to comply with the EU law.(1) Nevertheless, there are also many aspects of sport that are not related to economic activity which have been recognised as out of the scope of EU regulation, sometimes even if they ultimately have some economic effects which are capable of objective justification. Despite not being explicitly within the competence of the EU, as sport has important economic aspects – it is in fact a multi-billionaire industry – it has not escaped the broad scope of the Treaty regarding economic activity.

#ACTIO SPORTS BALNEARIO CAMBORIU FREE#

Nevertheless, the Treaty of Rome (TFEU) has broad provisions regulating the functioning of the whole economy, which established, inter alia, the principles of free movement of workers (Art 45 TFEU) and freedom to provide services (Art 56 TFEU), and also the strict rules of the EU competition law (Arts 101 and 102 TFEU, respectively prohibition of restrictive arrangements between “undertakings ” and prohibition of abuse of a dominant position).

Until the adoption of the Lisbon Treaty, sport was not mentioned in any of the EU Treaties, hence the European Union (EU) had no legislative competence to regulate the sports sector until December 2009. Introduction – The rise of the relationship between European Union law and Sport

Actio sports balneario camboriu