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CJEU - Joined cases C 201/11 P, C 204/11 P and C 205/11 P / Opinion

Union of European Football Associations (UEFA), Fédération Internationale de Football Association (FIFA) v European Commission
Deciding body type
Court of Justice of the European Union
Deciding body
Opinion of Advocate General
Type
Opinion
Decision date
12/12/2012
ECLI (European case law identifier)
ECLI:EU:C:2012:786

Cairt um Chearta Bunúsacha an Aontais Eorpaigh

Title II: Freedoms

Article 17 - Right to property

VIEW FULL CASE
  • CJEU - Joined cases C 201/11 P, C 204/11 P and C 205/11 P / Opinion
    Key facts of the case:
     

    Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — European Football Championship — Decision declaring the measures compatible with EU law — Statement of reasons — Article 49 EC and 86 EC — Right to property. Case C‑201/11 P. Fédération internationale de football association (FIFA) v European Commission. Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the Kingdom of Belgium concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC and 49 EC — Right to property. Case C‑204/11 P. Fédération internationale de football association (FIFA) v European Commission. Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC, 49 EC and 86 EC — Right to property. Case C‑205/11 P.

    Outcome of the case:

    In conclusion, I suggest that the Court rule as follows:

    (1) The appeal in Case C-201/11 P is dismissed. In accordance with Article 138 of the Rules of Procedure of the Court of Justice of the European Union, UEFA is ordered to bear its own costs and pay the costs incurred by the European Commission in the present appeal.

    (2) The appeal in Case C-204/11 P is dismissed. In accordance with Article 138 of the Rules of Procedure of the Court of Justice, FIFA is ordered to bear its own costs and pay the costs incurred by the European Commission in the present appeal.

    (3) The appeal in Case C-205/11 P is dismissed. In accordance with Article 138 of the Rules of Procedure of the Court of Justice, FIFA is ordered to bear its own costs and pay the costs incurred by the European Commission in the present appeal.

    (4) The United Kingdom of Great Britain and Northern Ireland and the Kingdom of Belgium are ordered to bear their own costs, in accordance with Article 140 of the Rules of Procedure of the Court of Justice.

  • Paragraphs referring to EU Charter

    37) Next, since, in their pleadings, both UEFA and FIFA have relied on the protection arising from fundamental rights, it must be recalled that, under Article 17 of the Charter of Fundamental Rights of the European Union (‘the Charter’), ‘[e]veryone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. … Intellectual property shall be protected’. The explanations relating to that article indicate that it corresponds to Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘Protocol No 1’). Thus, under Article 52(3) of the Charter, the right to property protected by Article 17 of the Charter has the same meaning and scope as under the European Convention for the Protection of Human Rights and Fundamental Freedoms. ( 26 )

    ...

    40) Accordingly, the appellants’ situation under the Charter corresponds to the position which UEFA and FIFA set up in fact and in law, on the one hand, through contractual arrangements concluded, inter alia, with athletes, spectators, sports clubs and broadcasters and, on the other hand, by means of control of access to stadiums, resulting from contracts concluded with their owners, and control of the related equipment.