Kolpak ruling
| Kolpak ruling | |
|---|---|
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| Submitted 28 November 2000 Decided 8 May 2003 |
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| Full case name | Deutscher Handballbund eV v Maros Kolpak |
| Case number | C-438/00 |
| Case Type | Reference for a preliminary ruling |
| Chamber | Fifth chamber |
| Nationality of parties | Germany |
| Procedural history | Oberlandesgericht Hamm, Beschluß vom 15 November 2000 (8 U 139/98) |
| Ruling | |
| The first indent 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, signed in Luxembourg on 4 October 1993 and approved on behalf of the Communities by Decision 94/909/ECSC, EEC, Euratom of the Council and the Commission of 19 December 1994, must be construed as precluding the application to a professional sportsman of Slovak nationality, who is lawfully employed by a club established in a Member State, of a rule drawn up by a sports federation in that State under which clubs are authorised to field, during league or cup matches, only a limited number of players from non-member countries that are not parties to the Agreement on the European Economic Area. | |
| Court composition | |
| Legislation affecting | |
| Interprets article 38 of the Europe Agreement with Slovakia | |
The Kolpak ruling is a European Court of Justice ruling handed down on 8 May 2003 in favour of Maroš Kolpak, a Slovak handball player. It declared that citizens of countries which have signed European Union Association Agreements have the same right to freedom of work and movement within the EU as EU citizens. Thus any restrictions placed on their right to work (such as quotas setting maximum numbers of such foreign players in sports teams) are deemed illegal under EU law. The legal actions in Germany set a precedent for professional sports in Europe, which have had a wide-ranging effect, especially in regard to English county cricket and European professional rugby.
A Kolpak player, or Kolpak, is a term used in the United Kingdom for players in the domestic leagues in cricket and both rugby codes from overseas, subject to the Kolpak ruling.
The Court of Justice's Bosman ruling in 1995 had declared that, in accordance with the EC Treaty rules regarding freedom of movement for workers, no resident of the European Union should be restricted from working in another part of the EU on the grounds of their nationality. For example, a German football team could not be prevented from signing a Greek player since both nations are members of the EU.
Maroš Kolpak was a Slovak handball player, who was legally resident and working in Germany. He had been playing for the German second division handball side TSV Ostringen since 1997. The German Handball Association had a rule (Rule 15) which prohibited its member clubs from fielding more than two non-EU citizens. At that time, Slovakia was not yet a member of the European Union (it joined the EU in May 2004), and therefore the Bosman ruling did not apply to its citizens. Slovakia did however have an Association Agreement with the European Union.
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