Opinion of the Advocate General — ECLI:EU:C:2012:786
Date: 2012-12-12
Language of the case: English
Subject matter: Right of establishment;Freedom to provide services
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

summary reasons may be given (see, to that effect, Case C‑335/09 P Poland v Commission [2012] ECR, paragraph 152 and the case-law cited). 109 In so far as concerns decisions adopted under Article 3a(2) of Directive 89/552, the Court points out, first, that, in adopting such decisions, the Commission does not exercise its own power of decision as such, but its power of review, which is restricted and limited to determining whether the Member States have committed any manifest errors of assessment in designating events as being of major importance (see paragraphs 12 and 19 above). Those decisions must thus be read in the light of the notified national measures. 110 Secondly, the Court notes that, in addition to the Member Sate which notifies them to the Commission, such decisions concern, inter alia, broadcasters operating television channels in that State and the holders of the exclusive broadcasting rights for the events concerned. It is undeniable that the main interested parties have an in-depth knowledge of the context in which those decisions were adopted, since, at the very least in negotiating the price of those rights, they are deemed to be aware of all the factors which appreciably affect their value and, in particular, the interest which the event in question presents for the public of the Member State concerned. 111 In those circumstances, the statement of reasons for a Commission decision adopted pursuant to Article 3a(2) of Directive 89/552 may be succinct. In particular, it is permissible for the Commission to indicate only succinct grounds for having considered an event to be of major importance. Moreover, it is apparent from the considerations set out in paragraphs 20 and 21 above that the grounds for finding the measures taken by the United Kingdom to be compatible with the rules on the freedom to provide services, the freedom of competition and the right to property may be implicit. More specifically, where the effects on the freedom to provide services, the freedom of competition and the right to property do not go beyond those which are intrinsically linked to the inclusion of the event concerned in the list provided for in Article 3a(1) of Directive 89/552, it is not necessary, in principle, to provide specific grounds for such a conclusion. 112 In the present case, the Court points out that recitals 5, 6 and 18 of the contested decision set out the reasons why the Commission considered that the matches in the final stage of the EURO, in their entirety, could be regarded as an event of major importance. Thus, it is stated in recital 6, inter alia, that that event has a special general resonance in the United Kingdom, as it is particularly popular with the general public, not just with those who usually follow sports events on television. That finding is also set out in recital 18, from which it is apparent that that event has traditionally been broadcast on free television channels and, as such, has commanded large television audiences. 113 In the light of the foregoing, the General Court did not err in law in considering that the contested decision contained the necessary information to enable, first, UEFA to understand the Commission’s reasons for concluding that the matches in the final stage of the EURO in their entirety could be regarded as an event of major importance and, secondly, the General Court to exercise its power of review as to whether that conclusion was well founded. 114 As regards the other aspects of the grounds for the contested decision, there is nothing in the present case to suggest that the effects on the freedom to provide services and on the freedom of competition go beyond those which are intrinsically linked to the inclusion of the final stage of the EURO in the list of events of major importance. In so far as concerns an alleged infringement of the right to property going beyond that caused by the mere inclusion of that event in the list, the Court recalls that such an argument has been raised by UEFA only before the Court of Justice. 115 In the light of the foregoing, the seventh ground of appeal must be rejected as unfounded. 116 Since none of the seven grounds of appeal raised by UEFA in support of its appeal can be upheld, the appeal must be dismissed in its entirety as being partly inadmissible and partly unfounded. Costs 117 In accordance with Article 184(2) of the Rules of Procedure, where the appeal is unfounded, the Court is to make a decision as to costs. Under Article 138(1) of those Rules, which applies to the procedure on appeal by virtue of Article 184(1) thereof, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has applied for costs to be awarded against UEFA, and as the latter has been unsuccessful, UEFA must be ordered to pay the costs of these proceedings. On those grounds, the Court (Third Chamber) hereby: 1. Dismisses the appeal; 2. Orders the Union des associations européennes de football (UEFA) to pay the costs. [Signatures] * Language of the case: English.