The European Dimension of Sports

The expectations regarding the new EU competence in the field of sports are high. At the same time there is a growing feeling of uncertainty of what is to be understood as “the European dimension of sports” and what kind of action by the EU can be expected. In view of the fact that the “European dimension of sports” has not yet been defined, the CEP is giving an outlook of what this dimension could look like from an ordoliberal standpoint. There are two possible fields of action for a European sports policy: on the one hand the EU could promote sports by financial means; on the other hand the EU could foster the development of sports through the establishment of a regulatory legal framework.

The EU should not establish any significant budget for the new legal competence. Budgets should be provided only for identifying “best practices” in the field of sports. Already existing European sports projects with a finance volume of EUR 4 million could serve as a reference value for the necessary amount for a European sports budget.
There are many overlappings between sports law regulations and EU law. The 50+1 rule and the exclusive and territorially restricted provision of broadcasting rights are compatible with EU law. The exclusive marketing of a sports event, that is recognised as an individual brand, is in line with EU competition law, provided the organising party holds the sole and exclusive right in the event.