WRITTEN QUESTION E-0396/00

by Doris Pack (PPE-DE) to the Commission

(15 February 2000)

Subject: FIBT TV rights

Every year, the Milan-based FIBT (International Bobsleighing and Tobogganing Federation) organises World Cup and European and world championship competitions for two-man and four-man bobs.

It awards the right to stage these events to individual national associations and bobsleigh-run owners subject to the terms of an agreement which it draws up and which applicants are required to accept.

Section 1.13.4 of the FIBT's International Rules states that all TV, film, video and radio rights and rights pertaining to new media, including CD-ROM and the Internet, for FIBT events are owned exclusively by the FIBT.

The FIBT has concluded a long-term contract with Eurosport on the basis of this provision. Local event organisers and national associations, who bear all the financial risk in respect of the competitions, are not allowed themselves to sell broadcasting rights. Local event organisers and FIBT member associations are thus deprived of the funds they need to finance the artificial-ice bobsleigh runs in future.

Will the Commission please state:

1. Whether the FIBT's rules and its agreement with event organisers run counter to Community case law as it is currently evolving with regard to sport?

2. Whether the FIBT's rules are an obstacle to the free movement of services?

Answer given by Mrs Reding on behalf of the Commission

(27 March 2000)

According to the case law of the Court of justice, sport and sport-related activities such as the organisation and broadcasting of sporting events have to comply with Community law in so far as they constitute an economic activity within the meaning of Article 2 of the Treaty(1).

The Community competition rules therefore in principle apply to practices such as the collective selling by sports federations of the television (TV) rights to the events which are organised under their auspices.

However, whether the collective selling of the TV rights to bobsleigh events is compatible with Community competition law cannot be decided without thoroughly examining the concrete facts and circumstances. In that context, it must be examined whether the practice affects trade between Member States and restricts competition to an appreciable extent in the relevant market, which is likely to be the case at least when the collective selling concerns highly priced broadcasting rights to major mass-attractive sports.

As far as freedom to provide services is concerned, the principles of free circulation within the internal market not only apply to the action of public authorities but extend also to rules of any other nature aimed at regulating gainful employment in a collective manner.

The Commission has not received any complaints or notification concerning the broadcasting of bobsleigh events or related collective selling of TV rights for violation of the principles of free circulation (notably the free circulation of services). Since the Commission is currently examining collective selling of TV rights to other sports events, the result of which will also be relevant in respect of the collective selling of TV rights to bobsleigh events, it does not intend to investigate this matter at present.

(1) See cases 36/74 (Walrave) of 12/12/1974 or C-415/93 (Bosman) of 15/12/1995.