Abstract
In December 1999 the Commission issued a communication entitled ‘The Helsinki Report on sport’ (COM (1999) 644 and/2), designed for consideration by that month’s European Council held in Helsinki. The purpose of this note is to examine the key features of the Report and to show the direction in which EC policy on sport is likely to move in future. In order to achieve this, it is first necessary to sketch the history of EC involvement in sport, because much of the Helsinki Report can only be understood in the light of the incremental accumulation of material over time that has left the EC’s position on sports regulation uncertain and frequently (though not always fairly) criticised.
This article was first published in 25 European Law Review. (2000) pp. 282–292.
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Notes
- 1.
Case 36/74, [1974] ECR 1405; [1975] 1 CMLR 320. Case 13/76, [1976] ECR 1333; [1976] 2 CMLR 578, respectively.
- 2.
On this notion see Weatherill 1999, 339–382.
- 3.
Case C-415/93 URBSFA v. Bosman, [1995] ECR I-4921; [1996] 1 CMLR 645.
- 4.
The Court's readiness to find an obstacle to trade within the meaning of Art. 48 (now 39) EC even though the transfer system exerted no special cross-border hindrance was, however, surprising; see Weatherill 1996, 885.
- 5.
The Independent, December 23, 1998. p. 20.
- 6.
IP/99/133.
- 7.
The conclusions are available via DG 10's web site, http://europa.eu.int/comm/dg10/sport.
- 8.
See more fully Weatherill 2000.
- 9.
Supra, note 1.
- 10.
COM (95) 590.
- 11.
See already COM (99) 643, Community support plan in the combat against doping in sport.
- 12.
- 13.
Para. 106 of the ruling.
- 14.
Case 36/74 supra, note 1. Cf. also, pending before the Court, Case C-51/96 Deliège and Case C-176/96 Lehtonen.
- 15.
CAS 98/200, AEK Athens and Slavia Prague v. UEFA, August 20, 1999. See generally on the CAS, Beloff, Kerr and Demetriou 1999, Chs. 8.101–8.108.
- 16.
OJ 1999 C 363/2.
- 17.
Cf. now Comm. Dec. 2000/12/E.C. 1998 Football World Cup, OJ 2000 L 5/55.
- 18.
This will change if the ‘modernization’ of competition policy proposed in the Commission's 1999 White Paper. OJ 1999 C 132/1 comes to fruition.
- 19.
See, e.g., from the American perspective, Quirk and Fort 1997.
- 20.
In the USA some of these issues are played out against the different legal background of the ‘single entity’ thesis applicable to sports leagues and the rule of reason governing restrictions.
- 21.
- 22.
S.31. Gesetz gegen Wettbewerbsbeschraenkungen as amended with effect from January 1, 1999.
- 23.
Re the supply of services facilitating the broadcasting on television of Premier League Football Matches judgment of July 28, 1999, currently available via www.courtservice.gov.uk/highhome.htm.
- 24.
See also UEFA Champions League, OJ 1999 C 99.
- 25.
This was the RPCs view in the English context: see supra note 23.
- 26.
Approval of distribution of revenues outside the Premier League plays a part, albeit a minor one, in the RPC’s decision, supra note 23, Para. 348 of the judgment.
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Weatherill, S. (2014). The Helsinki Report on Sport. In: European Sports Law. ASSER International Sports Law Series. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-90-6704-939-9_7
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