WRITTEN QUESTION No. 975/96 by Freddy BLAK to the Commission. Ban on individual sponsorship contracts in Danish football
Date: 1996-04-22
Institutions: BLAK, European Parliament
Subjects: Denmark, advertising, application of EU law, competition, contract, professional sport













EUR-Lex - 91996E0975 - EN






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91996E0975

WRITTEN QUESTION No. 975/96 by Freddy BLAK to the Commission. Ban on individual sponsorship contracts in Danish football  


Official Journal C 305 , 15/10/1996 P. 0033 





WRITTEN QUESTION P-0975/96 by Freddy Blak (PSE) to the Commission (22 April 1996)Subject: Ban on individual sponsorship contracts in Danish footballThe Commission has informed me that it is not possible, without further investigation, to decide whether the contract in respect of personal advertising agreements which the Danish Ball Games Union has imposed on Danish international players is illegal.When does the Commission envisage taking further steps towards carrying out such an investigation?In view of the importance of the matter, I would ask that the investigation be carried out as a matter of urgency.Answer given by Mr Van Miert on behalf of the Commission (21 May 1996)The Honourable Member is asked to refer to the Commission's answer to his written question E-434/96. ((OJ C 217, 26.7.1996, p. 40. )) The Commission stated clearly that it was only if it looked into the matter in full knowledge of the facts that it could provide a detailed answer to questions of this kind.The Commission would inform the Honourable Member that investigations of cases under Articles 85 and 86 of the EC Treaty are governed by the procedural rules laid down in Council Regulation No 17 of 6 February 1962 - First Regulation implementing Articles 85 and 86 of the Treaty, ((OJ 13, 21.2.1962, p. 204. )) as amended and supplemented by Regulation No 59, ((OJ 58, 10.7.1962, p. 1655. )) Regulation No 118/63/EEC ((OJ 162, 7.11.1963, p. 2696. )) and Regulation (EEC) No 2822/71. ((OJ L 285, 29.12.1971, p. 49. ))Under that Regulation the Commission can take action either on the basis of notifications or applications for negative clearance (Articles 2 and 4) submitted by the undertakings or associations of undertakings concerned, or on the basis of complaints lodged by Member States or by natural or legal persons who claim a legitimate interest (Article 3(2)). The Commission can also challenge infringements of Articles 85 and 86 on its own initiative (Article 3(1)). Own-initiative proceedings are initiated where there is sufficient evidence for presuming that an unlawful agreement exists or that there is abuse of a dominant market position.Articles 85(1) and 86 of the EC Treaty are directly applicable both by the national competition authorities of the Member States and by the national courts. As part of its policy of decentralizing the implementation of those provisions of the Treaty, the Commission does not in principle take action on matters which are essentially national.Consequently, given that the situation referred to by the Honourable Member in his question concerns only one Member State, that there is no obvious presumption of an unlawful agreement or abuse of a dominant position, that the Commission has not received any complaints or notifications in the case, that interested parties can apply direct to the national authorities or courts for implementation of Articles 85(1) and 86 of the Treaty and that assessment of the situation by reference to national competition law alone may provide an answer, the Commission considers, on the basis of the information currently available to it, that there is no reason to open own-initiative proceedings.