B.N.O. Walrave and L.J.N. Koch v Association Union cycliste internationale, Koninklijke Nederlandsche Wielren Unie and Federación Española Ciclismo.

• Jurisdiction: European Union
• Celex Number: 61974CJ0036
• ECLI: ECLI:EU:C:1974:140
• Docket Number: 36-74
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 12 December 1974

Avis juridique important

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61974J0036

Judgment of the Court of 12 December 1974. - B.N.O. Walrave and L.J.N. Koch v Association Union cycliste internationale, Koninklijke Nederlandsche Wielren Unie et Federación Española Ciclismo. - Reference for a preliminary ruling: Arrondissementsrechtbank Utrecht - Netherlands. - Case 36-74.

European Court reports 1974 Page 01405
Greek special edition Page 00563
Portuguese special edition Page 00595
Spanish special edition Page 00571
Swedish special edition Page 00409
Finnish special edition Page 00415

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

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1 . COMMUNITY LAW - SCOPE - SPORT - LIMITATION TO ECONOMIC ACTIVITIES

2 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - WORK OR SERVICE

( EEC TREATY, ARTICLES 48 AND 59 )

3 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - SPORT - COMPOSITION OF SPORTING TEAMS - EXCLUSION

( EEC TREATY, ARTICLES 7, 48 AND 59 )

4 . DISCRIMINATION BASED ON NATIONALITY - PROHIBITION - SCOPE - EXTENSION TO ACTS NOT EMANATING FROM PUBLIC AUTHORITIES

( EEC TREATY, ARTICLES 7, 48 AND 59 )

5 . DISCRIMINATION - PROHIBITION - NATURE - TERRITORIAL SCOPE - LOCALITY - DISCRETIONARY POWERS OF NATIONAL COURT

( EEC TREATY, ARTICLES 7, 48 AND 59 )

6 . SERVICES - FREE PROVISION - RESTRICTIONS - ABOLITION - DIRECT EFFECT

( EEC TREATY, ARTICLE 59, FIRST PARAGRAPH )

Summary

1 . THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY .

2 . THE PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY IN THE SPHERE OF ECONOMIC ACTIVITIES WHICH HAVE THE CHARACTER OF GAINFUL EMPLOYMENT OR REMUNERATED SERVICE COVERS ALL WORK OR SERVICES WITHOUT REGARD TO THE EXACT NATURE OF THE LEGAL RELATIONSHIP UNDER WHICH SUCH ACTIVITIES ARE PERFORMED .

3 . THE PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY DOES NOT AFFECT THE COMPOSITION OF SPORT TEAMS, IN PARTICULAR NATIONAL TEAMS, THE FORMATION OF WHICH IS A QUESTION OF PURELY SPORTING INTEREST AND AS SUCH HAS NOTHING TO DO WITH ECONOMIC ACTIVITY .

4 . PROHIBITION OF DISCRIMINATION DOES NOT ONLY APPLY TO THE ACTION OF PUBLIC AUTHORITIES BUT EXTENDS LIKEWISE TO RULES OF ANY OTHER NATURE AIMED AT REGULATING IN A COLLECTIVE MANNER GAINFUL EMPLOYMENT AND THE PROVISION OF SERVICES .

5 . THE RULE ON NON-DISCRIMINATION APPLIES TO ALL LEGAL RELATIONSHIPS WHICH CAN BE LOCATED WITHIN THE TERRITORY OF THE COMMUNITY BY REASON EITHER OF THE PLACE WHERE THEY ARE ENTERED INTO OR OF THE PLACE WHERE THEY TAKE EFFECT .

6 . THE FIRST PARAGRAPH OF ARTICLE 59, IN ANY EVENT IN SO FAR AS IT REFERS TO THE ABOLITION OF ANY DISCRIMINATION BASED ON NATIONALITY, CREATES INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

Parties

IN CASE 36/74

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK ( DISTRICT COURT ) UTRECHT, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

1 . BRUNO NILS OLAF WALRAVE

2 . LONGINUS JOHANNES NORBERT KOCH

AND

1 . ASSOCIATION UNION CYCLISTE INTERNATIONALE

2 . KONINKLIJKE NEDERLANDSCHE WIELREN UNIE

3 . FEDERACION ESPANOLA CICLISMO

Subject of the case

ON THE...