7. CASE PATTERN
Activity
The student solves a case pattern on free movement of services. The student can use the primary and secondary laws available at EUR-Lex and case law of the CJEU for solving the case. The student presents his / her solution via the e-learning environment Moodle.
A small French team, Garapon FC, unexpectedly qualifies for the UEFA Cup. In the first round Garapon FC has to meet Real Madrid. Garapon FC asks UEFA (Union of European Football Associations) to play the first round UEFA Cup match in the Italian town of Turin which has a much larger stadium. UEFA refuses: according to UEFA, clubs must play in their own stadium or certainly in their own country. Garapon FC then decides to sue UEFA for the loss of profit incurred. You are the counsel for Garapon FC and You want to argue that the little club was restrained in a legitimate cross-border commercial activity. Which arguments would You use?
(Source: Piet Eeckhout. European Union Law. Module 4. Freedom of Establishment and Services. Teaching Material (King's College London, 1995/96)).
Guidelines for Solving the Case
1. Please, identify the problem(s)!
2. What does law say about such problem(s)?
3. Do the factual circumstances of the case exactly correspond to law?
4. Does law require total or partial application?
5. How to solve the problem according to law (legal norm / case law)?
6. Please, see the hints for solving the case at the next page!