WRITTEN QUESTION P-1814/03 by Mario Borghezio (NI) to the Commission. Mario Cipollini's arbitrary disqualification from the Tour de France.
Date: 2003-05-23
Institutions: European Parliament, Provisional data
Subjects: EU law, anti-discriminatory measure, free movement of workers, professional sport, sporting event

6.3.2004

EN

Official Journal of the European Union

C 58 E/99

(2004/C 58 E/114)

WRITTEN QUESTION P-1814/03

by Mario Borghezio (NI) to the Commission

(23 May 2003)

Subject: Mario Cipollini’s arbitrary disqualification from the Tour de France

The world road cycling champion, Mario Cipollini, a professional sportsman and hence a worker, has been
barred, along with his team, from competing in the Tour de France, even though, as can be seen from his
latest brilliant victories in the Giro d’Italia, he is currently in superb form.

Does not this disqualification signify an instance of discrimination contrary to Union rules, in particular
the principle of equal treatment and free movement of Community workers on Union territory?

Answer given by Mr Bolkestein on behalf of the Commission

(20 June 2003)

The Honourable Member has questioned the Commission about the fact that the racing cyclist Mario
Cipollini and his team were not selected for the Tour de France. However, on the basis of the facts
presented in the Written Question, the Commission does not have any information that would lead it to
identify the presence of some form of discrimination or infringement of EU rules.

More specifically, the information available does not make it possible to establish whether the decision
taken by the organisers of the Tour de France breaches the principle of equal treatment and freedom of
movement within the internal market.

Furthermore, in accordance with the established case law of the Court of Justice (1), it should be pointed
out that the Community provisions on the free movement of persons and services do not exclude rules or
practices (such as selection criteria) which are justified on non-economic grounds relating to the nature
and specific context of certain sports meetings and events, provided that these rules or practices are non-
discriminatory and proportionate.

(1) Case 13/76, Donà / Mantero, ECR 1976, p. 1 333 Case C-415/93, Bosman, ECR 1995, p. 5 040 Joined

Cases C-51/96 and C-191/97, Deliège.

(2004/C 58 E/115)

WRITTEN QUESTION E-1822/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(2 June 2003)

Subject: Transfer to airforce of EKAB (National First Aid Centre) air rescue operations

In 2000, the EKAB air rescue fleet was set up with 75 % of the funding being provided under the second
Community Support Framework. Following a series of accidents, the Greek Government decided to
transfer the fleet to the airforce and reregister it accordingly with the Air Transport Utilities Command
(DAYKO) for which the airforce will assume responsibility by 20 May 2003. However, the unit has not yet
been legally formalised. This is causing serious concern, given that the strict JAA (Joint Aviation Authority)
standards do not apply to the armed forces and that the accident involving the EKAB helicopter was
largely caused by inadequate safety specifications.

1.
Is the transfer to the armed forces of helicopter crews who, under the second CSF, were considered
to be civilian emergency rescue personnel, thereby increasing the Community budget for the armed forces,
in accordance with the principles governing CSF funding?