The specificity of sport based on the Treaty
At first sight, the Court of Justice takes a broad view of the restrictions on freedom of movement, applying them to the rules laid down by sports federations. It is settled case-law that sport is not an exception in that it does not constitute an area that is inherently exempt from the restrictions on freedom of movement. Only the non-economic nature of the activity carried out leads to the non-application of Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU). Conversely, Article 21 TFEU remains applicable. It is, therefore, not so much a question of escaping internal market law as of justifying regulations insofar as they constitute the expression of the specificities of sport. These specificities must indeed be fully considered in...
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