Flashcards in The European Regulation of Sport Deck (32)
Explain the Walrave case
The Walrave case of 1976 concerned nationality restrictions in motor-paced cycling. To dutch nationals wished to continue to work as motorcycle pacemakers for other cycling teams than the Dutch. UCI prohibited them to do so, requiring the pacers and the stayers to be of the same nationality.
ECJ held that the practice of sports in subject to community law, only in so far as it constitutes an economic activity within the meaning of art. 2 of the Treaty.
Explain the Dona case
The Italian Football Federations rules placed heavy restrictions on foreign nationals' participation in matches in the Italian Football league.
The Dona cased reaffirmed that sports is subject to community law whenever it constitutes an economic activity within the meaning of art. 2 of the EC Treaty.
What was the 3+2 rule?
A gentlemans agreement following the Walrave and Dona case.
The rule permitted clubs to play 3 non-nationals in a team and 2 assimilated players who had played in the country for 5 years without interruption including 3 years in junior teams.
(permission to limit the number of foreign players).
Explain the Bosman case
For the first time ever the ECJ ruled on the legality of the transfer system according to which a player could not freely enter into a new employment relationship with another club.
Bosman was under contract with RC Liege. Offered new contract, massive reduction of salary with 75%, refusion of the offer. He then attracted attention from US Dunkerque.
RC Liege did not sent the transfer certificate in time and chose to suspend Bosman for the entire season.
Bosman sued RC Liege for lost wages.
The ECJ precluded the transfer system and the rules regarding nationality clauses.
Explain the Lethonen case
The Finnish Basketball player Lethonen challenged basketball assocations' deadlines acquisition deadlines.
The Belgian Federation had three different transfer windows. Lethonen transferred after the deadline set for players coming from other European clubs, why he was not eligible to play.
The ECJ found that the setting of acquisition deadlines could meet the objective of ensuring the regularity of sporting competitions. However such rules could go beyond what is necessary. The Court found that the rules were in violation of Art. 45 TFEU.
Explain the Deliege case
The case concerned the freedom of sports federations to select individual athletes to participate on national teams for international competitions. Deliege was a judoka who had not been selected by the Belgian Judo Federation.
Deliege was not a professional, but lived off grants from sports federations and sponsorships - therefore commercial activities why the Treaty applied to her.
ECJ found that some criteria of selection were inevitable in top-class sport. It did not constitute a restriction on the freedom to provide services.
Explain the Meca-Medina case
The Meca-Medina case concerned the competition rules in the Treaty - art. 101 and 102.
The case provided valuable guideliens to the correct approach towards assessing a sporting rule under the competition articles in the treaty.
Two swimmers argued that the anti-doping rules were not compliant with art. 81 and 82. The courts found no violation of art. 81 and 82.
The ECJ held that the qualification of a rule as purely sporting was not sufficient to remove the rule from the scope of art. 81 and 82.
Art. 81 and 82 must be examined irrespective of the nature of the rule.
The ECJ found that the rules in the WADA Code were proportionate in both cases.
Explain the Bernard case
Bernard had signed a contract with Lyon. Before expiry of his contract, Lyon offered him a new contract for one year. Bernard refused and signed with Newcastle United.
Lyon sued Bernard and Newcastle and sought an award of damages equivalent to the remuneration.
The providing for the payment of training compensation. The ECJ found that Lyon had calculated the damages in a way that was unrelated to the actual costs of the training.
Explain the work within the EU after the Bosman regarding sports?
The Commission and sports federations held a lot of meeting and passed fx the Helsinki Reports and adopted the WADA code. The Commission in 2007 prepared a White Paper on Sport which had to objective of giving strategic orientation on the role of sport, to encourage debate on problems and to enhance the visibility of sport in EU Policy.
Explain the sports article
The sports article art. 165 was included in the Lisbon Treaty in 2009.
"The Union shall contribute to the promotion of European Sporting issue, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.
- Developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sport...
How can you critically assess the Sports article?
It does not contain a horizontal clause meaning the sporting issues should not necessarily be taken into account in cases including the application of internal market laws.
Explain the two different models of sport in Europe before the end of the cold war?
- The highly state-regulated communist framework in Eastern Europe. The state had a very regulatory role.
- The more privately regulated Western European model. Actions performed by governmental and non-governmental organisations existed side-by-side.
After the fall of communism, the Eastern countries have adopted the western model.
What does it mean that sports associations are democratic institutions?
That every member in principle can vote and elect the chairman/board of directors of the association.
What is the pyramid organisational structure in the European model of sport?
The European model of sport is built on a pyramid organisational structure.
What is the one-federation-per-sport principle?
A principle within the European model of sport meaning that only one national federation for each sport is allowed.
Easy to manage, but with a monopolistic structure.
A paradoxical enigma is that the some governing sports body has the power to regulate all activities from the highest professional level to the amateur and youth ranks with a particular sport.
Explain the blend of amateur and professional interests
The blend of amateur and professional interests has been important within sport in EU, meaning that local, regional and state funds have been an indispensable part of the financing of sports activities. Without the support of unpaid volunteers of the amateur branch, very few European clubs would have made it.
The mixture of private and public funding is an important feature of the European Model of Sport.
Explain why leagues in European are considered as open?
The teams were only measured on their sporting merits irrespective of other factors. Every club was subject to a tournament system with promotion and relegation.
How has the goal of competitive balance been sought within Europe?
E.g. by some form of sharing broadcasting revenues through the collective sale of pooled television rights.
Training compensation is also important.
Mention the four Major League Sports
Basketball NBA, baseball, MLB, football, NFL and ice-hockey, NJL
What is characteristic in regards to the American Model of Sport?
The sport in the US plays an important role in the US educational system, both at high school and collegiate level - strong social and economic mission in American society.
Does the American model of sport distinct between amateur and professional sports?
Yes, there still exists a very sharp distinction.
Most of the rules, regulations and decisions regarding US amateur sports has considered the definition of amateur eligibility.
What does NCAA stand for?
National Collegial Athletic Association - the most important governing body in US amateur sports.
What is an amateur in sports in the US?
Any individual who signs a contract or receives money to play for a professional team loses his or her eligibility to play at inter-collegial level.
What is the characteristics of college sports?
The focus on both sports and education. Generate annually billions of dollars in television revenues etc.
What is the characteristics of the major league teams?
They ought to be described more as business corporations than as ordinary sports associations.
What is the characteristics of the major leagues?
They are structured as private associations and are thus entitled to a certain latitude in self-government.
The leagues are bound together by the constitution or by adopted by laws.
The leagues are headed by a Commissioner.
What is the job of the commissioner?
The Commissioner is in charge of administrating, interpreting and enforcing the rules and the discipline of the sport and the league. the Commissioner may also impose sanctions.
How does the major league teams view upon their competitors?
They thing that the key to success for everybody depends on a balanced competition on the field.
How is television commercials viewed upon in the US?
The US professional sports recognise that breaks during the course of the game are essential for the business aspects of the sport.