CELEX: 62018CA0022
Language: en
Date: 2019-06-13 00:00:00
Title: Case C-22/18: Judgment of the Court of Justice (Third Chamber) of 13 June 2019 (request for a preliminary ruling from the Amtsgericht Darmstadt — Germany) — TopFit e.V., Daniele Biffi v Deutscher Leichtathletikverband e.V. (Reference for a preliminary ruling — Citizenship of the Union — Articles 18, 21 and 165 TFEU — Rules of a sports association — Participation in the national championship of a Member State by an amateur athlete holding the nationality of another Member State — Different treatment on the basis of nationality — Restriction on free movement)

5.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/10
            
         
      Judgment of the Court of Justice (Third Chamber) of 13 June 2019 (request for a preliminary ruling from the Amtsgericht Darmstadt — Germany) — TopFit e.V., Daniele Biffi v Deutscher Leichtathletikverband e.V.
      (Case C-22/18) (1)
      
      (Reference for a preliminary ruling - Citizenship of the Union - Articles 18, 21 and 165 TFEU - Rules of a sports association - Participation in the national championship of a Member State by an amateur athlete holding the nationality of another Member State - Different treatment on the basis of nationality - Restriction on free movement)
      (2019/C 263/11)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Darmstadt
      
         Parties to the main proceedings
      
      
         Applicants: TopFit e.V., Daniele Biffi
      
         Defendant: Deutscher Leichtathletikverband e.V.
      
         Operative part of the judgment
      
      Articles 18, 21 and 165 TFEU must be interpreted as precluding rules of a national sports association, such as those at issue in the main proceedings, under which an EU citizen, who is a national of another Member State and who has resided for a number of years in the territory of the Member State where that association, in which he runs in the senior category and in an amateur capacity, is established, cannot participate in the national championships in those disciplines in the same way as nationals can, or can participate in them only ‘outside classification’ or ‘without classification’, without being able to progress to the final and without being eligible to be awarded the title of national champion, unless those rules are justified by objective considerations which are proportionate to the legitimate objective pursued, this being a matter for the referring court to verify.
      
         (1)  OJ C 123, 9.4.2018.