How 'Special' is Sport under EU Law in the Light of the Court of Justice of the European Union's Recent Decision in the Olivier Bernard Case?

摘要

Sport is big business and there is much at stake on and off the field of play. Sport in Europe punches way above its weight in the rest of the world and, not surprisingly, the European Union (EU) has taken a particular interest in sport, from a socio-political and also a competition law point of view. The EU has long held that, where sport involves an economic activity, the European Commission and the Court of Justice have the right to intervene and ensure 'fair play' legally speaking. However, the EU also acknowledges that sport is 'special' in the sense that consideration should also be given to sporting aims and objectives, when dealing with legal issues.. This has produced the term 'the specificity of sport' and this article examines its limitations, in the light of a recent Court of Justice decision in a leading sports law case, and draws some conclusions.