Europese Commissie wil Spaanse amateurclubs dwingen om deuren te openen voor buitenlandse leden (en)
Is there any reason why a European citizen established in a Member State other than his or her own should be able to vote, and indeed stand in local elections when their children, educated in the same country, are not allowed to take part in amateur sports competitions? According to the European Commission, this paradox exists in Spain. So the Commission has decided today to send Spain a letter of formal notice asking it to present its observations on the restrictions imposed on Community nationals by the Spanish Football Federation rules. Similar situations may exist in other Member States.
The practice of an amateur sport is essential to European citizens as it helps them to integrate more fully into the life of their host country. The Commission considers that the right to take part in certain competitions organised by a sports federation should be regarded as a social benefit and that restrictions in this field based on nationality cannot be justified. The principle of equal treatment in social benefits has already been established in the area of the free movement of workers and their families and extended by Court of Justice case law. The Court recognises the right of EU citizens legally residing on the territory of a host Member State to enjoy the same rights as nationals as regards access to leisure activities, for example in amateur sports clubs.
The European Commission has been informed of the difficulties caused by the general rules of the Spanish Football Federation which refuses to grant amateur licences to Community nationals so they can take part in certain competitions. The rules specifically prohibit such players from taking part in national competitions and impose an age limit (23), which is not applicable to Spanish players, for certain regional competitions. A petition against these rules has also been lodged with the European Parliament.
The European Commission considers that these restrictions are contrary to Community law, and in particular Article 12[1] of the Treaty establishing the European Community. It has therefore decided to invite the Spanish Government, in a letter of formal notice, to comment on the situation within two months. The next stages of this infringement procedure would be the sending of a reasoned opinion, followed by the institution of proceedings before the Court of Justice.
The Commission keeps a very close watch on any barriers to the free movement of amateur sportspersons in other Member States and in other sports. Sports Ministries were informed of this in the spring of 2004 and the Commission has asked all the Member States to report back on their arrangements regarding access to amateur sport. These reports will, as in the case of the Spanish Football Federation, be examined by its departments.
This does in no way affect the freedom of the sports associations to organise their sport, in accordance with national and Community law, nor does it concern the rules for the selection of national teams.
[1] Article 12 of the EC Treaty prohibits any discrimination on grounds of nationality.