WRITTEN QUESTION No. 3980/97 by Konstadinos KLIRONOMOS to the Commission. Takeovers of football clubs
Date: 1998-01-14
Institutions: European Parliament, KLIRONOMOS
Subjects: dominant position, professional sport, public morality, restriction on competition, sporting event, sports body













EUR-Lex - 91997E3980 - EN






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91997E3980

WRITTEN QUESTION No. 3980/97 by Konstadinos KLIRONOMOS to the Commission. Takeovers of football clubs  


Official Journal C 310 , 09/10/1998 P. 0006 





WRITTEN QUESTION E-3980/97 by Konstadinos Klironomos (PSE) to the Commission (14 January 1998)Subject: Takeovers of football clubsLarge private enterprises based in the Member States and involved in a variety of activities have succeeded through skilful manipulation in acquiring majority shareholdings and gaining control over numerous football clubs within and outside the Union. A recent example is the acquisition of the Greek club 'AEK' by the well-known British concern ENIC plc, which has also gained administrative and managerial control of numerous other football clubs in various European countries.There is an inherent risk in this trend that European football competitions (Champions League, European Cupwinners' Cup, UEFA Cup etc) may be distorted since it is highly likely that teams belonging to the same concern (i.e. having the same owner) are drawn to face each other in the same competition and that the results of such matches will be open to question beforehand, thus undermining the most important aspect of football, sporting competition in the true sense.Does the Commission intend to look into this matter which is already a matter of concern to all football fans throughout Europe?Answer given by Mr Van Miert on behalf of the Commission (6 March 1998)In the Commission's view, the concern expressed in the Honourable Member's question is justified.In its judgment of 15 December 1995 in the Bosman case ((Case C-415/93 [1995] ECR I-4921, paragraph 106. )), the Court of Justice stated that, in view of the considerable social importance of sporting activities and in particular football in the Community, the aims of maintaining a balance between clubs by preserving a certain degree of equality and uncertainty as to results and of encouraging the training of young players must be accepted as legitimate.Clearly, if clubs with the same owner can take part in the same competitions, whether national or international, doubts may arise as to whether the outcome is really undecided in advance.The above suggests that any rules laid down by sports organisations to restrict the freedom of clubs with the same owner to take part in the same competitions, whether national or international, within the European Economic Area (EEA), aim to meet objectives which relate to sport only and therefore have nothing to do with economic activity so long as they remain limited to their original purpose, which is to ensure uncertainty as to the results of the competitions. Accordingly, provided that such rules remain in proportion to the sporting objective pursued, they would not be covered by the competition rules laid down in the EC Treaty.It is not therefore up to the Commission to take the place of a sports organisation in adopting such measures.