Case C-152/08: Order of the Court (Fifth Chamber) of 25 July 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain)) — Real Sociedad de Fútbol SAD, Nihat Kahveci v Consejo Superior de Deportes, Real Federación Española de Fútbol (Article 104(3) of the Rules of Procedure — EEC-Turkey Association Agreement — Article 37 of the Additional Protocol — Direct effect — Working conditions — Principle of non-discrimination — Football — Limit on the number of professional players from non-member States nationals who may be fielded per team in national competitions)
Date: 2008-07-25
Institutions: Court of Justice
Subjects: EU Member State, Türkiye, association agreement (EU), foreign national, interpretation of the law, sporting event, sports body

C 285/14

EN

Official Journal of the European Union

8.11.2008

Re:

Parties

Reference for a preliminary ruling — Unabhängiger Verwal-
tungssenat des Landes Oberösterreich — Interpretation of the
fundamental principles of the EC and EU Treaties and the funda-
mental freedoms thereunder, as well as Articles 16 and 20 of
the Charter of Fundamental Rights of the European Union —
National legislation establishing a permit system for establishing,
operating and managing a driving school and providing for a
diploma requirement — Discrimination against own nationals
as compared to nationals of other Member States who avail
themselves of their rights under Community law and who do
not necessarily have to satisfy the diploma requirement

Applicants: Real Sociedad de Fútbol SAD, Nihat Kahveci

Defendants: Consejo Superior de Deportes, Real Federación Espa-
ñola de Fútbol

Operative part of the order

Re:

1. Articles 23 EC, 43 EC and 49 EC do not preclude legislation of a
Member State which, in a situation such as that at issue in the
main proceedings, refuses to recognise professional qualifications
acquired by a national of that Member State as equivalent to the
possession of
the
purposes of operating a driving school as an independent operator
in that Member State.

the diploma required by that

legislation for

2. The Court of Justice of the European Communities clearly has no
jurisdiction to answer the second and third questions referred by the
Unabhängiger Verwaltungssenat des Landes Oberösterreich.

(1) OJ C 142, 7.6.2008.

Order of
the Court (Fifth Chamber) of 25 July 2008
(reference for a preliminary ruling from the Tribunal
Superior de Justicia de Madrid (Spain)) — Real Sociedad de
Fútbol SAD, Nihat Kahveci v Consejo Superior de
Deportes, Real Federación Española de Fútbol

(Case C-152/08) (1)

(Article 104(3) of the Rules of Procedure — EEC-Turkey
Association Agreement — Article 37 of
the Additional
Protocol — Direct effect — Working conditions — Principle
of non-discrimination — Football — Limit on the number of
professional players from non-member States nationals who
may be fielded per team in national competitions)

(2008/C 285/23)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Reference for a preliminary ruling — Tribunal Superior de
Justicia de Madrid — Interpretation of Art. 37 of the Additional
Protocol to the EEC-Turkey Association Agreement signed on
23 November 1970 in Brussels and concluded, approved and
confirmed on behalf of the Community by Council Regulation
(EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 133,
p. 17) — Working conditions — Rules laid down by sporting
associations limiting the participation in certain competitions of
professional players who are nationals of non-Member countries
who are not parties to the EEA Agreement — Turkish profes-
sional sportsman with a work permit for access to the profes-
sion and a residence permit as required by national law.

Operative part of the order

by Council Regulation

The prohibition on all discrimination against Turkish workers duly
registered as belonging to the labour market of the Member States as
regards remuneration and other conditions of work, as laid down by
Article 37 of the Additional Protocol, signed on 23 November 1970
in Brussels and concluded, approved and confirmed on behalf of the
Community
(EEC) No 2760/72 of
19 December 1972, annexed to the Agreement establishing an Asso-
ciation between the European Economic Community and Turkey signed
at Ankara on 12 September 1963 by the Republic of Turkey, on the
one part, and by the Member States of the EEC and the Community,
on the other part, and concluded, approved and confirmed on behalf of
the Community by Council Decision 64/732/EEC of 23 December
1963 and Article 10(1) of Decision No 1/80 of the Association
Council of 19 September 1980 on the development of the Association,
must be interpreted as precluding the application to a professional
sportsman of Turkish nationality legally employed by a club established
in a Member State, of a rule laid down by a sports association in that
State, according to which clubs are authorised to field in competitions
organised at national level only a limited number of players from non-
member States which are not parties
to the Agreement on the
European Economic Area.

(1) OJ C 171, 5.7.2008.