Chapter

Sport and the European Court of Justice

Richard Parrish

in Sports Law and Policy in the European Union

Published by Manchester University Press

Published in print July 2003 | ISBN: 9780719066061
Published online July 2012 | e-ISBN: 9781781700501 | DOI: http://dx.doi.org/10.7228/manchester/9780719066061.003.0005
Sport and the European Court of Justice

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This chapter outlines the legal context of sports relationship with the European Union (EU). The European Court of Justice (ECJ) rulings for Bruno Walrave, Gaetano Donà, George Heylens, Bosman, Christelle Deliège and Jyri Lehtonen receive particular attention. The ECJ has clearly established that sport is subject to EU law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Article 39 covers the activities of private sports associations. The European Commission's attitude towards discriminatory practises in sport was somewhat contradictory. Article 39 covers any rules aimed at regulating employment in a collective manner. Sport is clearly subject to EU law and Article 39 is horizontally directly effective. Walrave and Donà served to widen the scope of the Treaty and afford greater protection to workers. Sport was transferred through a legal/regulatory venue involving a close relationship between the ECJ and the Commission.

Keywords: sports; European Union; European Court of Justice; Bruno Walrave; Gaetano Donà; George Heylens; Bosman; Christelle Deliège; Jyri Lehtonen; European Commission

Chapter.  13743 words. 

Subjects: European Union

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