CELEX: C1996/064/12
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT of 15 December 1995 in Case C-415/93 (reference for a preliminary ruling from the Cour d'Appel, Liège): Union Royale Belge des Sociétés de Football Association ASBL and Others v. Jean-Marc Bosman and Others (Freedom of movement for workers - Competition rules applicable to undertakings - Professional footballers - Sporting rules on the transfer of players requiring the new club to pay a fee to the old club - Limitation of the number of players having the nationality of other Member States who may be fielded in a match)

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
 ---pagebreak--- 2 . 3 . 96             EN                   Official Journal of the European Communities                                  No C 64/7
      matches in competitions which they organize, football                          OPINION 3/94 OF THE COURT
      clubs may field only a limited number of professional                               of 13 December 1995 f 1 )
      players who are nationals of other Member States;
                                                                        (GATT — WTO — Framework Agreement on Bananas)
3 . the direct effect ofArticle 48 of the EC Treaty cannot be                                      ( 96/C 64/14 )
      relied upon in support of claims relating to a fee in
      respect of transfer, training or development which has           Request made to the Court on 25 July 1994 under
      already been paid on, or is still payable under an               Article 228 ( 6 ) of the EC Treaty by the Federal Republic of
      obligation which arose before, the date ofthis judgment,         Germany for an opinion on the compatibility with the
      except by those who have brought court proceedings or            Treaty of the Framework Agreement on Bananas between
      raised an equivalent claim under the applicable national         the European Community and Colombia, Costa Rica,
      law before that date.                                            Nicaragua and Venezuela and asking:
(>) OJ No C 312, 18 . 11 . 1993 .                                      ( a ) was the Framework Agreement on Bananas which was
                                                                             signed by the Commission on 28 and 29 March 1994
                                                                             duly negotiated from the point of view of procedural
                                                                             law, that is to say,
                                                                             — on the basis of a sufficient negotiating mandate
                                                                                 from the Council, and
                   ORDER OF THE COURT
                                                                             — in compliance with the relevant negotiating
                        (First Chamber )
                                                                                 directives laid down by the Council ?
                     of 14 December 1995
in Case C-173/95 P: Anne Hogan v. Court of Justice of the              ( b ) is the Framework Agreement on Bananas compatible
                   European Communities ( 1 )                                with the Treaty from the point of view of the
                                                                             substantive law ?
     (Appeal clearly inadmissible and clearly unfounded)
                            ( 96/C 64/ 13 )
                                                                       The Court, composed of: G. C. Rodriguez Iglesias,
                                                                       President, C. N. Kakouris, D. A. O. Edward and G. Hirsch
                 (Language of the case: Italian)                       ( Presidents of Chambers ), G. F. Mancini, F. A, Schockweiler
                                                                       ( Rapporteur ), J. C. Moitinho de Almeida, P. J. G. Kapteyn,
                                                                       C. Gulmann, J. L. Murray, P. Jann. H. Ragnemalm and L.
(Provisional translation; the definitive translation will be           Sevón, Judges, after hearing G. Tesauro , First
           published in the European Court Reports)                    Advocate-General , C. O. Lenz, F. G. Jacobs , A. M. La
                                                                       Pergola , G. Cosmas, P. Leger, M. B. Elmer, N. Fennelly and
In Case C-173/95 P , Anne Hogan, an official of the                    D. Ruiz-Jarabo Colomer, Advocates-General, finds :
European Parliament, resident in Luxembourg, represented
by Giancarlo Lattanzi, of the Massa-Carrara Bar, with                  there is no need to respond to the request for an
address for service in Luxembourg at 33 Rue Godchaux,                  opinion.
appellant, appeals against the judgment of the Court of First
Instance of the European Communities ( Fourth Chamber )
                                                                        (') OJ No C 275 , 1 . 10 . 1994 .
of 29 March 1995 in Case T-497/93 Hogan v. Court of
Justice [ 19951 ECR-SC 11-251 , seeking to have that
judgment set aside, the other party to the proceedings being:
Court of Justice of the European Communities ( Agents :
Luigia Maggioni and Niels Lierow ). The Court ( First
 Chamber ), composed of: D. A. O. Edward, President of the
 Chamber, P. Jann ( Rapporteur ) and M. Wathelet, Judges,
Advocate-General : A. La Pergola , Registrar: R. Grass, has             Action brought on 18 December 1995 by the Federal
given a judgment on 14 December 1995 , in which it:                     Republic of Germany against the Commission of the
                                                                                            European Communities
                                                                                                 Case C-396/95 )
 1 . dismisses the appeal;
                                                                                                    ( 96/C 64/ 15 )
 2 . orders the appellant to pay the costs.
                                                                        An action against the Commission of the European
                                                                        Communities was brought before the Court of Justice of the
 (') OJ No C 208 , 12 . 8 . 1995 .                                      European Communities on 18 December 1995 by the
                                                                        Federal Republic of Germany, represented by Ernst Rder,
                                                                        Ministerialrat in the Federal Ministry of Economics,
                                                                        D-53107 Bonn .