CELEX: C1996/064/11
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 December 1995 in Case C-17/95: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directives 91/67/EEC, 91/628/EEC and 92/35/EEC - Failure to transpose)

No C 64/6             EN                  Official Journal of the European Communities                                      2 . 3 . 96
               JUDGMENT OF THE COURT                                 2 . orders the French Republic to pay the costs.
                       ( Fifth Chamber)
                    of 14 December 1995                              f 1 ) OJ No C 54 , 4 . 3 . 1995 .
in    Case    C-17/95 : Commission of the European
              Communities v. French Republic (')
(Failure of a Member State to fulfil its obligations —
Directives 91/67/EEC, 91/628/EEC and 92/35/EEC —
                     Failure to transpose)
                                                                                     JUDGMENT OF THE COURT
                          ( 96/C 64/11 )
                                                                                            of 15 December 1995
                                                                     in Case C-415/93 (reference for a preliminary ruling from
                (Language of the case: French)                       the Cour d'Appel, Liege ): Union Royale Beige des Sociétés
                                                                     de Football Association ASBL and Others v. Jean-Marc
                                                                                           Bosman and Others ( ! )
(Provisional translation; the definitive translation will be         (Freedom of movement for workers — Competition rules
         published in the European Court Reports)                    applicable to undertakings — Professional footballers —
                                                                     Sporting rules on the transfer ofplayers requiring the new
                                                                     club to pay a fee to the old club — Limitation ofthe number
In Case C-17/95 : Commission of the European                         of players having the nationality of other Member States
Communities ( Agent: Gerard Rözet ) v. French Republic                                who may be fielded in a match)
(Agents : Edwige Belliard and Jean-Louis Falconi )
application for a declaration that, by failing to adopt and                                       ( 96/C 64/ 12 )
communicate, within the prescribed period, the laws,
regulations and administrative provisions necessary in order                          (Language of the case: French)
to comply with Council Directive 91 /67/EEC of 28 January
1991 concerning the animal health conditions governing the
placing on the market of aquaculture animals and products            (Provisional translation; the definitive translation will be
( OJ No L 46 , 1991 , p. 1 ), Council Directive 91 /628/EEC of                 published in the European Court Reports)
19 November 1991 on the protection of animals during
transport and amending Directives 90/425/EEC and                     In Case C-415/93 : reference to the Court under Article 177
91/496/EEC ( OJ No L 340, 1991 , p. 17) and Council                  of the EC Treaty from the Cour d'Appel ( Court of Appeal ),
Directive 92/35/EEC of 29 April 1992 laying down control             Liege, Belgium, for a preliminary ruling in the proceedings
rules and measures to combat African horse sickness ( OJ No          pending before that court between Union Royale Beige des
L 157, 1992, p. 19 ), the French Republic has failed to fulfil       Sociétés de Football Association ASBL and Jean-Marc
its obligations under the EC Treaty — the Court ( Fifth              Bosman, between Royal Club Liégeois SA and Jean-Marc
Chamber ), composed of: D. A. O. Edward, President of the            Bosman, SA d'Économie Mixte Sportive de l'Union Sportive
Chamber, J. C. Moitinho de Almeida, C. Gulmann                       du Littoral de Dunkerque, Union Royale Beige des Sociétés
( Rapporteur ), P. Jann and L. Sevón, Judges; A. La Pergola,         de Football Association ASBL and Union des Associations
Advocate-General; R. Grass, Registrar, gave a judgment on            Europeennes de Football ( UEFA ), and between Union des
14 December 1995 , in which it:                                      Associations Europeennes de Football (UEFA ) and
                                                                     Jean-Marc Bosman — on the interpretation of Articles 48 ,
                                                                     85 and 86 of the EC Treaty — the Court, composed of: G. C.
1 . declares that, by failing to adopt the laws, regulations         Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
    and administrative provisions necessary in order the             Edward and G. Hirsch ( Presidents of Chambers ), G. F.
     comply with:                                                    Mancini ( Rapporteur ), J. C. Moitinho de Almeida , P. J. G.
                                                                     Kapteyn, C. Gulmann, J. L. Murray, P. Jann and H.
    — Council Directive 91 /628/EEC of 19 November                   Ragnemalm, Judges; C. O. Lenz, Advocate-General ; R.
         1991 on the protection of animals during transport          Grass, Registrar, and D. Louterman-Hubeau, Principal
        and amending Directives 90/425/EEC and                       Administrator, for the Registrar, gave a judgement on
         91 /496/EEC,                                                 15 December 1995 , the operative part of which is as
                                                                     follows :
     and
                                                                      1 . Article 48 of the EC Treaty precludes the application of
                                                                           rules laid down by sporting associations, under which a
     — Council Directive 92/35/EEC of 29 April 1992                        professional footballer who is a national of one Member
         laying down control rules and measures to combat                  State may not, on the expiry of his contract with a club,
        African horse sickness,                                            be employed by a club of another Member State unless
                                                                           the latter club has paid to the former club a transfer,
                                                                           training or development fee;
     the French Republic has failed to fulfil its obligations
     under Article 21 (1 ) of Directive 91 /628/EEC and
     Article 20 (1 ) of Directive 92/35/EEC, referred to             2 . Article 48 of the EC Treaty precludes the application of
     above;                                                                rules laid down by sporting associations under which, in