Opinion of the Advocate General — ECLI:EU:C:2002:444
Date: 2002-07-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. International agreements — Agreements concluded by the Community — Direct 
effect — Article 38(1), first indent, of the Association Agreement between the 
Communities and Slovakia 
(Association Agreement between the Communities and Slovakia, Art. 38(1), first 
indent) 
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SUMMARY — CASE C-438/00 
2. International agreements •—· Association Agreement between the Communities and 
Slovakia — Workers — Equal treatment — Working conditions —· Article 38(1), 
first indent, of the Agreement — Scope •—• Rule laid down by a sports federation 
determining the conditions under which professional sportsmen may engage in gainful 
employment — Included 
(Association Agreement between the Communities and Slovakia, Art. 38(1), first 
indent) 
3. International agreements — Association Agreement between the Communities and 
Slovakia — Workers — Equal treatment — Working conditions •—• Rule laid down 
by a sports federation limiting the participation in certain competitions of professional 
players originating in non-member countries — Not permissible 
(Association Agreement between the Communities and Slovakia, Art. 38(1), first 
indent) 
1. The first indent of Article 38(1) of the 
Association Agreement between the 
Communities and Slovakia, which pro­
vides that workers of Slovak national­
ity legally employed in the territory of a 
Member State must not be subject to 
discrimination based on nationality in 
regard to working conditions, remun­
eration or dismissal, as compared to 
that Member State's own nationals, has 
direct effect, with the result that Slovak 
nationals who invoke it are entitled to 
rely on it before national courts of the 
host Member State. 
(see para. 30) 
2. The first indent of Article 38(1) of the 
Association Agreement between the 
Communities and Slovakia applies to 
a rule drawn up by a sports federation 
which determines the conditions under 
which professional sportsmen engage 
in gainful employment. 
(see para. 37) 
3. The first indent of Article 38(1) of the 
Association Agreement between the 
Communities and Slovakia precludes 
the application to a professional sports­
man of Slovak nationality, who is 
lawfully employed by a club estab­
lished in a Member State, of a rule 
drawn up by a sports federation in that 
State under which clubs are authorised 
to field, during league or cup matches, 
only a limited number of players from 
non-member countries that are not 
parties to the Agreement on the Euro­
pean Economic Area. 
(see para. 58, operative part) 
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