WRITTEN QUESTION No. 3570/97 by Cristiana MUSCARDINI to the Commission. Serious case of racial discrimination against two Italian citizens by Belgian sports authorities
Date: 1997-11-13
Institutions: European Parliament, MUSCARDINI
Subjects: Belgium, EU national, Italy, discrimination on the basis of nationality, free movement of workers, professional sport, right of action, right of establishment, sporting event, sports body

25. 5. 98

EN

Official Journal of the European Communities

C 158/151

(98/C 158/201)

WRITTEN QUESTION E-3570/97

by Cristiana Muscardini (NI) to the Commission

(13 November 1997)

Subject: Serious case of racial discrimination against two Italian citizens by Belgian sports authorities.

The Belgian francophone judo league has decided to exclude Community citizens from competitions.

The  decision  is  all  the  more  disconcerting  because  it  excludes  foreigners  from  even  practising  judo  as  they
normally do in clubs by prohibiting them from enrolling.

Two young Italian brothers, Ermanno and Emanuele Agostini, who were Belgian national champions between
1984 and 1994, have first-hand experience of the Belgian judo league(cid:146)s exclusion of foreigners.

Will the Commission intervene vis-a‘-vis the Belgian authorities to safeguard the acquired rights of EU citizens
and uphold the democratic principles of equality?

Will the Commission propose a directive condemning the racism perpetrated by the Belgian sports authorities in
deciding to exclude foreigners not only from competitions but also from practising judo?

Will  the  Commission  propose  a  directive  which  will  protect  the  careers  of  the  Agostini  brothers,  who  were
Belgian  national  champions  on  several  occasions,  and  allow  them  to  re-enter  sporting  circles  in  their  host
country?

Answer given by Mr Flynn on behalf of the Commission

(15 December 1997)

The exclusion of Community citizens from the Belgian francophone judo league may contravene Community
law  on  several  counts.  With  regard  to  Community  workers  exercising  an  activity  as  an  employed  person  on
Belgian territory, access to judo clubs and to the judo league constitutes a social advantage under the terms of
Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers
within the Community (1). This advantage must apply not only to workers but also to members of their families.

Additionally, if participation in the francophone judo league constitutes an economic activity, the exclusion of
Community  citizens  from  judo  clubs,  and  hence  from  the  judo  league,  constitutes  an  obstacle  to  freedom  of
establishment.

Given that the instances of discrimination denounced by the Honourable Member have their origin in a decision
of the francophone league, which is a private body, the Commission has no power to intervene. However, the
Commission would point out that Articles 48 and 52 of the EC Treaty, as well as Regulation (EEC) No 1612/68,
are directly applicable in the national courts and may be invoked to uphold the rights bestowed by the Treaty on
private individuals.

(1)  OJ L 257, 19.10.1968.

(98/C 158/202)

WRITTEN QUESTION E-3572/97

by Leonie van Bladel (UPE) to the Council

(17 November 1997)

Subject: Action  to  track  down  and  confiscate  stolen  motor  vehicles  from  the  EU  in  countries  of  former

Yugoslavia

1.
Is the Council aware that motor vehicles belonging to car-hire companies and private individuals are being
stolen on a large scale in European Union countries to be exported to countries of former Yugoslavia, where they
are traded locally?