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    European sports law : collected papers / by Stephen Weatherill.

    • Title:European sports law : collected papers / by Stephen Weatherill.
    •    
    • Author/Creator:Weatherill, Stephen, 1961-
    • Other Contributors/Collections:ASSER International Sports Law Centre.
    • Published/Created:The Hague : T.M.C. Asser Press, c2007.
    • Holdings

       
    • Library of Congress Subjects:Professional sports--Law and legislation--European Union countries.
    • Description:xiii, 381 p. ; 25 cm.
    • Series:Asser international sports law series
    • Notes:At head of t.p.: T.M.C. Asser Instituut, Asser International Sports Law Centre.
      Includes bibliographical references and indexes.
    • ISBN:9789067042437 (Cloth)
      9067042439 (Cloth)
    • Contents:Foreword / Jean-Louis Dupont
      Introduction / Stephen Weatherill
      Where lies the interest in 'EC sports law'?
      European Court sets the scene
      papers contained in this book
      Discrimination on Grounds of Nationality in Sport
      I. Introduction
      II. discriminatory player restrictions
      III. Is there a breach of the Treaty?
      A. Sport and the Treaty of Rome
      B. Article 48 EEC
      (a). Are the rules within the scope of the Treaty?
      (b). Are the Treaty rules horizontally directly effective?
      (c). Justification
      (d). Discrimination internal to a single Member State
      C. Articles 85 and 86 EEC
      (a). Are the rules within the scope of the Treaty?
      (b). Are the Treaty rules horizontally directly effective?
      (c). Justification
      (d). Discrimination internal to a single Member State
      D. Conclusion
      IV. Enforcement by the Commission
      A. Article 48
      B. Articles 85 and 86
      (a). Commission's Enforcement Powers
      (b). Why has the Commission not initiated such proceedings?
      C. Remedies against the Commission
      V. Enforcement by private parties before national courts
      VI. Concluding remarks
      A. General
      B. overlap between Article 48 and Article 85
      C. solution
      (a). Demarcation at Community level
      (b). Accepting the overlap
      European Football Law
      I. Introduction
      II. Jean-Marc Bosman
      A. Transfer System - the Road to Litigation
      B. Nationality Restrictions in Football
      C. Access to Justice in the Football Industry
      III. Jurisdictional Questions
      A. Is Sport Within the Scope of Application of Community Law?
      B. Application to Private Parties
      IV. Nationality Restrictions
      A. National Representative Football
      B. Club Football
      C. Residual Issues
      D. Adjusting Practices in the Football Industry
      V. Transfer Rules
      A. Basis of the Court's Objection to the System
      B. Players still under Contract
      C. Adjustments in the Game
      VI. Scope of the Law of Free Movement
      VII. Justification
      A. Law
      B. Application to Football
      C. Adjusting Football
      D. Fostering Competitive Equality
      E. Encouraging Young Players
      VIII. Transfer System within a Domestic League
      A. Reverse Discrimination
      B. Economic Pressures
      C. Legal Issues
      IX. Conclusion
      Annotation [Bosman Case]
      1. Introduction
      2. factual background
      2.1. structure of the football industry
      2.2. transfer rules
      2.3. nationality restrictions
      2.4. Jean-Marc Bosman, the footballer
      2.5. Jean-Marc Bosman, the litigant
      3. Opinion of the Advocate-General
      4. Judgment of the Court
      4.1. application of Article 48 EC to the transfer rules
      4.1.1. Sport and the Economy
      4.1.2. EC law and the private sector
      4.1.3. obstacle to free movement
      4.1.4. Justifying the rules
      4.2. application of Article 48 EC to nationality restrictions
      4.2.1. Trade restriction and nationality discrimination
      4.2.2. Jurisdiction under Article 177
      4.2.3. Defending the rules
      5. Comment
      5.1. Bosman and the reorganization of the football industry
      5.1.1. transfer system
      5.1.2. nationality restrictions
      5.2. limits of the Bosman ruling and prospects for future litigation
      5.2.1. Domestic transfer systems
      5.2.2. Players who are not ED nationals
      5.2.3. Players whose contract has not expired
      6. Conclusion
      0033149875354: Fining the Organisers of the 1998 Football World Cup
      facts
      decision
      Comment
      Letter from Stephen Weatherill to the EC Commission, June 17, 1997
      Reply from the EC Commission (DO IV - Competition) to Stephen Weatherill, September 25, 1997
      Reply from Stephen Weatherill to the EC Commission, October 14, 1997
      Reply to Stephen Weatherill from the EC Commission, November 21, 1997
      Reply to the EC Commission from Stephen Weatherill, December 18, 1997
      Sports under EC Competition Law and US Antitrust Law
      I. Introduction
      II. Sport does not escape the reach of EC law
      III. significance of individual litigation in the EC system
      IV. How special is sport? The window of opportunity opened in the Bosman ruling
      V. Shaping the legal framework reflecting the special nature of sport
      VI. Conclusion
      Helsinki Report on sport
      Sports and Community law
      Helsinki Report on sport
      Practices which do not come under the competition rules
      Practices that are, in principle, prohibited by the competition rules
      Practices likely to be exempted from the competition rules
      Resisting the Pressures of 'Americanization': The Influence of European Community Law on the 'European Sport Model'
      Appeal for Self-regulation in Sport
      Bosman - the Road to Luxembourg
      Bosman - What Did the European Court Decide?
      Bosman and the Vigour of EC Law
      Why Sport is Different
      Commission Thinking in 1999
      Some Outstanding Questions
      'Fair Play Please!': Recent Developments in the Application of EC Law to Sport
      1. Introduction
      2. 'Sport is special'
      3. Recent judgments of the Court
      4. Recent decisions of the Commission
      4.1. Football players' agents
      4.2. Formula One
      4.3. 'Mouscron case'
      4.4. Multiple club ownership
      4.5. Anti-doping rules in swimming
      4.6. Ticket distribution for the 1998 Football World Cup
      4.7. player transfer system
      4.7.1. Bosman remembered
      4.7.2. Beyond Bosman: the Commission's agreement with the football authorities
      4.7.3. Is the matter now closed?
      4.8. Broadcasting
      4.8.1. economic context of sport and broadcasting
      4.8.2. UEFA's rules on 'blocking' matches
      4.8.3. Collective selling of broadcasting rights - the competing interests
      4.8.4. Collective selling of broadcasting rights -legal straws in the wind
      5. structure of 'EC' trade law applied to sport
      6. wider terrain of a policy on sport
      6.1. Commission's approach: a 'European Model of Sport'
      6.2. Treaties of Amsterdam and Nice: Declarations on Sport and their consequences
      6.3. several faces of 'sport'
      7. Conclusion
      Sport as Culture in EC Law
      1. Introduction
      2. Concessions made to the distinctive nature of sporting competition
      3. Benefits claimed because of the distinctive nature of sporting competition: the player transfer system
      (a). transfer system before and after Bosman
      (b). 2001 agreement on the transfer system
      (c). Outstanding legal questions
      4. Benefits claimed because of the distinctive nature of sporting competition: collective selling of rights to broadcast matches
      (a). Collective selling - the problems
      (b). Collective selling -law and practice before Champions League
      (c). Champions League
      5. Burdens imposed because of the distinctive nature of sporting competition: 'protected' or 'listed' events
      (a). 'Listed events' under the 'Television Without Frontiers' Directive
      (b). Interpreting the Directive
      (c). purpose of the regime
      6. Is there a broader cultural context?
      7. Conclusion
      Anti-Doping Rules and EC Law
      background to the litigation
      Oulmers case: putting Meca-Medina to the test
      Concluding remarks / Ian S. Blackshaw
      National and International Legislation.
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