CELEX: C2005/132/16
Language: en
Date: 2005-05-28 00:00:00
Title: Judgment of the Court (Grand Chamber) of 12 April 2005 in Case C-265/03: Reference for a preliminary ruling from the Audiencia Nacional: Igor Simutenkov v Ministerio de Educación y Cultura, Real Federación Española de Fútbol (Communities-Russia Partnership Agreement — Article 23(1) — Direct effect — Conditions relating to employment — Principle of non-discrimination — Football — Limit on the number of professional players having the nationality of non-member countries who may appear on a team in a national competition)

28.5.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 132/9
            
         
      JUDGMENT OF THE COURT
   
   (Grand Chamber)
   of 12 April 2005
   in Case C-265/03: Reference for a preliminary ruling from the Audiencia Nacional: Igor Simutenkov v Ministerio de Educación y Cultura, Real Federación Española de Fútbol (1)
   
   (Communities-Russia Partnership Agreement - Article 23(1) - Direct effect - Conditions relating to employment - Principle of non-discrimination - Football - Limit on the number of professional players having the nationality of non-member countries who may appear on a team in a national competition)
   (2005/C 132/16)
   Language of the case: Spanish
   In Case C-265/03: reference for a preliminary ruling under Article 234 EC from the Audiencia Nacional (Spain), made by decision of 9 May 2003, received at the Court on 17 June 2003, in the proceedings pending before that court between Igor Simutenkov and Ministerio de Educación y Cultura, Real Federación Española de Fútbol — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans and A. Rosas, Presidents of Chambers, C. Gulmann, A. La Pergola, J.-P. Puissochet, J. Makarczyk, P. Kūris, M. Ilešič (Rapporteur), U. Lõhmus, E. Levits and A. Ó Caoimh, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 12 April 2005, the operative part of which is as follows:
   Article 23(1) of the Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part, signed in Corfu on 24 June 1994 and approved on behalf of the Communities by Decision 97/800/ECSC, EC, Euratom: Council and Commission Decision of 30 October 1997, must be construed as precluding the application to a professional sportsman of Russian nationality, who is lawfully employed by a club established in a Member State, of a rule drawn up by a sports federation of that State which provides that clubs may field in competitions organised at national level only a limited number of players from countries which are not parties to the Agreement on the European Economic Area.
   
      (1)  OJ C 213 of 06.09.2003.