WRITTEN QUESTION E-1059/98

by John Iversen (PSE) to the Commission

(6 April 1998)

Subject: Competition rules in sport

Can the Commission confirm or deny that it is contrary to EU competition rules, as set out in Article 85(1) of the Treaty, for the Danish Professional Boxing Federation, DPBF, to attempt to prevent another Danish boxing association, DBA, from arranging events in Denmark? The DPBF has contacted the European Boxing Union, EBU, to prevent it from sending its boxers to an event in Denmark arranged by the DBA. Furthermore, the DPBF has obstructed the DBA from becoming a member of the EBU which would otherwise ensure that EBU boxers could take part in the events which it arranges.

1. Is it contrary to current EU law to prevent other sporting organizations from arranging events?

2. Is it contrary to current EU law to prevent a boxing association from being admitted to the EBU?

Answer given by Mr Van Miert on behalf of the Commission

(7 May 1998)

The Honourable Member draws the Commission's attention to problems facing the Danish boxing association (DBA) and asks whether it is contrary to Community law that one sporting organisation should prevent another sporting organisation from arranging events, and also whether it is contrary to Community law that a boxing association should be prevented from being admitted to the European boxing union (EBU).

At this moment, the Commission is dealing with problems similar to those of the DBA in other sports. No Commission practice has yet been established in this area. The following general considerations may however be relevant also in respect of the situation mentioned by the Honourable Member.

In principle, every sports club is free to associate itself together with others in order to organise sports activities. Nevertheless, it is until now admitted that the most efficient way to promote a sport is through the creation of one sole national and international federation respectively for the sport concerned. This does not exclude that more than one federation or association, where practicable, organize the sport with an objective to enhancing the quality of the sport for the good of clubs, players and spectators.

It cannot be excluded that the competition rules of the EC Treaty will apply in situations where a powerful federation, already nationally or internationally established, prevents the creation of another federation or in situations when a sporting organisation is prevented from organising events or from joining another sporting association at a national or international level. The extent of the applicability of the competition rules in such situations is to be determined after specific consideration of the factual context of each and every case.

To allow an evaluation of practices of the Danish professional boxing federation (DPBF) and the EBU under Articles 85 and 86 of the EC Treaty, it is necessary to have full knowledge of the facts placed in their correct economic and legal context. The information provided by the Honourable Member is not sufficient to make such an evaluation.

Finally, it may be emphasised that in order for the Community rules on competition to apply, it is necessary to show that trade between Member States is affected to an appreciable extent by the practice in question. If this is not the case, competition problems should be addressed at national level.