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Extra resources for The Regulation of Sport in the European Union
There is accordingly no Treaty base for treating sport differently from cognate activities. My concern is with the free movement of persons and sport. Here we are in the territory of the fundamental freedoms in the EC Treaty. Certainly, in this area of Community law, the most compelling reasons would need to be adduced to treat professional sport as so special that the fundamental freedoms either do not apply or are modified in their application. My perspective is that of promoting the single market as envisaged in the EC Treaty, and interpreted and applied by the Court of Justice.
A. White INTRODUCTION In any discussion of the interface between European Union law and sport, the perspective of the commentator is a key to the likely content of the argument which will follow. As many commentators note,1 different actors in the system bring different values to the debate. Furthermore the Union itself has recognized that there are aspects of sport which give it characteristics which go beyond the market place. The Declaration on Sport attached to the Treaty of Amsterdam in 1997 noted: The Conference emphasises the social significance of sport, in particular its role in forging identity and bringing people together.
110. Supra, n. 39. Para. 28 of the Opinion, 23 March 2006. 22 The regulation of economic activity in sport The Court rules that the competition rules and the Internal Market rules must be examined separately. The fact that the Internal Market rules are not infringed does not preclude the application of competition rules. The CFI was found to have made an error of law in finding that purely sporting rules which are linked to economic activity and therefore do not fall within the scope of Articles 39 and 49 EC are also excluded from the scope of the competition rules.