Final report executive summary to the DG Education & Culture of the European Commission
This report provides an analysis of recent EU rulings and decisions relating to the ‘specificity of sport’ since 2007. The 'specificity of sport’ refers to the inherent characteristics of sport which set it apart from other economic and social activities. The ‘specificity of sport’ has become a legal concept established and developed through the rulings of the European Court of Justice and through decisional practice of the European Commission, notably as regards competition rules. As set out in the White Paper on Sport, the recognition of the specificity of sport requires an assessment of the... compatibility of sporting rules with EU law on a case-by-case basis. In 2009 the ‘specificity of sport’ was recognised in the amended Treaty of the European Union. Article 165 of the Treaty states: “The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.” The main focus of the study is to provide an analysis of the specificity of sport through a systematic review of all new case law and decisions relevant to sporting rules since the publication of the White Paper on Sport in 2007. The research has also sought to identify how recent decisions and rulings have given weight to the Article 165 considerations.