«(External relations – Association Agreement between the Communities and Slovakia – Article 38(1) – Freedom of movement for workers – Principle of non-discrimination – Handball – Limitation on the number of professional players having the nationality of non-member countries who may play on a team in the league of a sports federation)»

1.. International agreements – Agreements concluded by the Community – Direct effect – Article 38(1), first indent, of the Association Agreement between the Communities and Slovakia (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

2.. International agreements – Association Agreement between the Communities and Slovakia – Workers – Equal treatment – Working conditions – Article 38(1), first indent, of the Agreement – Scope – Rule laid down by a sports federation determining the conditions under which professional sportsmen may engage in gainful employment – Included (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

3.. International agreements – Association Agreement between the Communities and Slovakia – Workers – Equal treatment – Working conditions – Rule laid down by a sports federation limiting the participation in certain competitions of professional players originating in non-member countries – Not permissible (Association Agreement between the Communities and Slovakia, Art. 38(1), first indent)

JUDGMENT OF THE COURT (Fifth Chamber) 8 May 2003 (1)

((External relations – Association Agreement between the Communities and Slovakia – Article 38(1) – Free movement of workers – Principle of non-discrimination – Handball – Limitation on the number of professional players having the nationality of non-member countries who may play on a team in the league of a sports federation))

In Case C-438/00,

REFERENCE to the Court under Article 234 EC by the Oberlandesgericht Hamm (Germany) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, approved on behalf of the Communities by Decision 94/909/ECSC, EEC, Euratom of the Council and the Commission of 19 December 1994 (OJ 1994 L 359, p. 1),

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward, acting for the President of the Chamber, A. La Pergola (Rapporteur), P. Jann, S. von Bahr and A. Rosas, Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Deutscher Handballbund eV, represented by R. Jersch; of Mr Kolpak, represented by M. Schlüter, Rechtsanwalt; of the Greek Government, represented by V. Pelekou and S. Spyropoulos, acting as Agents; of the Spanish Government, represented by R. Silva de Lapuerta; of the Italian Government, represented by G. Aiello, avvocato dello Stato; and of the Commission, represented by M.-J. Jonczy and H. Kreppel, at the hearing on 20 June 2002,

after hearing the Opinion of the Advocate General at the sitting on 11 July 2002,

gives the following

...

The direct effect of the first indent of Article 38(1) of the Association Agreement with Slovakia

The question whether the first indent of Article 38(1) of the Association Agreement with Slovakia applies to a rule laid down by a sports federation

The scope of the principle of non-discrimination set out in the first indent of Article 38(1) of the Association Agreement with Slovakia

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Oberlandesgericht Hamm (Germany) by order of 15 November 2000, hereby rules:

Edward

La Pergola

Jann

von Bahr

Rosas

Delivered in open court in Luxembourg on 8 May 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber