WRITTEN QUESTION E-2188/99

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(29 November 1999)

Subject: Review of the Bosman ruling

The ruling of the Court of Justice of the European Communities (ECJ) in the Bosman case (C 415/93) created a new framework for the free movement of sportsmen, which has since completely changed the face of sport in Europe, particularly football. Now, however, four years after the ruling, few still believe that the changes it brought about are moving in the right direction or that they are for the good of sport. A vitally important factor the identification of fans with their clubs is being totally eradicated as the clubs have been transformed, in reality, into multinational companies with the smaller clubs no longer having the incentive to produce and nurture sportsmen when they will very quickly fall prey to the voracious appetites of the big, financially powerful clubs. The ECJ's decision to assess the case from the point of view of non-discrimination and freedom of movement alone, totally ignoring the obvious cultural, educational and ethical aspects of sport in general and of football, in particular, has been described by many as completely misconceived.

In the light of the above and the fact that a barrage of legal argument has been used to attack the grounds for the ruling as being partial, and given that that more and more voices at European level are calling for a review of the Bosman ruling, will the Commission say:

1. what its position is on this matter following the incorporation into the Amsterdam Treaty of Declaration No 29 on sport, which emphasises the social significance of sport and the particular characteristics of amateur sport and also provides scope for the bodies of the European Union to take action, and

2. whether, in that context, it will initiate any form of proceedings before the ECJ to review this ruling, or at least take some form of legal initiative to stem its repercussions and promote a solution that will take greater account of the cultural, social and educational role of sport?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 January 2000)

The Commission would remind the Honourable Member that the Bosman ruling confirmed that the principle of free movement of workers applies to the Community's professional sportsmen at the end of their contract. This ruling condemned the payment of transfer fees and fees for training and development, particularly where these have no bearing on the real cost of training, in the case of international transfers, within the Community, of professional sportsmen at the end of their contract. It also condemned the imposition of limits on the number of players from other Member States who are allowed to play in competitions between clubs.

The Commission, as guardian of the Treaties, is obliged to ensure that the Bosman ruling is observed.

With regard to the Commission's position concerning the repercussions of this ruling on the organisation of sport in Europe, the Honourable Member should consult the communication of the Commission(1) on its report to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework (Helsinki report on sport). It is stated in this report that the Commission is prepared to work together with the sporting federations to examine alternatives to the transfer systems condemned by the Court, in order to ensure the balanced development of sport and the training of young sportsmen and women.

As regards revision of the EC Treaty, the Commission has published its contribution to the next intergovernmental conference. The proposal to enshrine sport in the EC Treaty was not adopted.

(1) COM(1999) 644 final.