Order of the Court (Fifth Chamber) of 25 July 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain)) — Real Sociedad de Fútbol SAD, Nihat Kahveci v Consejo Superior de Deportes, Real Federación Española de Fútbol

(Case C-152/08) (1)

(Article 104(3) of the Rules of Procedure - EEC-Turkey Association Agreement - Article 37 of the Additional Protocol - Direct effect - Working conditions - Principle of non-discrimination - Football - Limit on the number of professional players from non-member States nationals who may be fielded per team in national competitions)

(2008/C 285/23)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties

Applicants: Real Sociedad de Fútbol SAD, Nihat Kahveci

Defendants: Consejo Superior de Deportes, Real Federación Española de Fútbol

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Madrid — Interpretation of Art. 37 of the Additional Protocol to the EEC-Turkey Association Agreement signed on 23 November 1970 in Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 133, p. 17) — Working conditions — Rules laid down by sporting associations limiting the participation in certain competitions of professional players who are nationals of non-Member countries who are not parties to the EEA Agreement — Turkish professional sportsman with a work permit for access to the profession and a residence permit as required by national law.

Operative part of the order

The prohibition on all discrimination against Turkish workers duly registered as belonging to the labour market of the Member States as regards remuneration and other conditions of work, as laid down by Article 37 of the Additional Protocol, signed on 23 November 1970 in Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, annexed to the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12 September 1963 by the Republic of Turkey, on the one part, and by the Member States of the EEC and the Community, on the other part, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 and Article 10(1) of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, must be interpreted as precluding the application to a professional sportsman of Turkish nationality legally employed by a club established in a Member State, of a rule laid down by a sports association in that State, according to which clubs are authorised to field in competitions organised at national level only a limited number of players from non-member States which are not parties to the Agreement on the European Economic Area.

(1)  OJ C 171, 5.7.2008.