Kolpak ruling

As Kolpak ruling, the European Court of Justice in Case C-438/00 German Handball Association eV / Maros Kolpak is called on May 8, 2003. The former Slovak handball goalkeeper Maroš Kolpak reached in the process that the German Handball Federation DHB had to issue him an unrestricted player pass and he did not have to occupy two A- License player places his former club in the 2nd Handball Bundesliga TSV Baden Östringen so one. The decision of the ECJ explained in the result of the Balog - judgment of 1998 more parts of the more famous Bosman ruling also applicable to athletes from countries that have entered into with the European Union, a certain type of association agreements. Since Slovakia joined the EU shortly after the judgment, the decision is outdated in relation to the agreement with her. However, for athletes from the 79 countries of the so-called, it is still of great importance, through which they favorable decision were numerous previously excluded by foreigners limitations rugby players from the Pacific Island Nations and South Africa, and Caribbean cricket players in the British professional leagues. There, they are sometimes referred to by the decision in official regulations as Kolpaks.

The decision is considered a very important work of the European sports law, the then FIFA General Secretary and current president Sepp Blatter stated about the case " an explosive force ten times as high as that of the Bosman process "

The judgment delivered in the sequence 2005 Simutenkow decision confirmed the applicability of the prohibition of discrimination to nationals of States that have signed the EU Association Agreement, if they already have a work permit at another example of Russia and also in relation to third countries for non-candidate, the community were. The ECJ upheld the application explicitly to the most economically important sport in Europe, football.

Facts and procedural history

Kolpak was 1997 by the former German handball second division Baden Östringen for first three years - later extended before deciding to six years - has been taken as a goalkeeper under contract, the DHB asked him for his Slovak nationality a player passport bearing the term "A". According to the former statutes of the DHB was for second division a limit of two "A " note player provided, they were essentially designed for all players from countries not belonging to the European Economic Area. Kolpak and his team applied having regard to the laid down in the Association Agreement between the then EC and his native discrimination unrestricted player card. When this was refused, complained club and Kolpak - in addition to an unsuccessful application for interim relief - before the Landgericht Dortmund on the issue. For procedural reasons, the action of the association was rejected as inadmissible, but Kolpak prevailed at first instance. The Higher Regional Court of Hamm as a competent second instance put the matter before the appointment of the DHB in 2000 the ECJ.

The relevant provisions of the agreement with the Communities in Slovakia were:

"Article 38 of the Association Agreement between the Communities - Slovakia (1) Subject to the provisions in force in each Member State terms and conditions

- To workers, granted with citizenship of the Slovak Republic who are legally employed in the territory of a Member State, a treatment that causes any discrimination based on nationality in relation to its own nationals as regards working conditions, remuneration or dismissal,

- Have the legally resident in the territory of a Member State spouse and children of a worker legally employed there access to the labor market of that Member State during the period of validity of the work permit of that worker; with the exception of seasonal workers and workers who are covered by bilateral agreements referred to in Article 42, provided that such agreements do not provide otherwise. "

6 Article 42 of the Association Agreement - Slovakia ( 1) Taking into account the labor market situation in the Member State and subject to its legislation and compliance with its provisions on worker mobility

- The existing facilities of access to employment for workers of Slovak Republic, grant the Member States under bilateral agreements, maintained and if possible improved;

- The other Member States shall consider favorably the possibility of concluding similar agreements.

( 2) The Association Council shall examine granting other improvements including facilities for access to professional training, in accordance with applicable law and procedures of the Member States, and taking into account the labor market situation in the Member States and the Community. "

7 Article 59 of the Association Agreement - Slovakia, the IV General provisions in Title IV, Chapter ", provides in paragraph 1:

For the purposes of Title VI of this Agreement, the parties shall be prevented by any provision of this Agreement from applying their laws and regulations regarding entry and stay, work, labor conditions and establishment of natural persons and supply of services, provided they not do this in a way do by, to nullify or impair the benefits accruing to any Party under an agreement provision. [ ... ] "