MOTOE v Greek State (and ELPA) [2008] EUECJ C-49/07

Preliminary ruling (about 8 pages) from the European Court of Justice on a question referred by a Greek court about the applicability of EC competition law to the organisation of motorcycling competitions.

MOTOE, an organiser of such events, claims an infringement of Article 86 and Article 82 in a Greek law that seeks to make its activities subject to the consent of ELPA, the Automobile and Touring Club of Greece, which is the Greek representative of FIM, the international motorcycling federation.

The court ruled that ELPA was engaged in an economic activity, and was an undertaking subject to the EC competition law prohibitions. This was because ELPA was organising its own competitions (including commercial arrangements e.g. sponsorship and insurance), as well as claiming a regulatory role.

The court also ruled (subject to confirmation of dominant position and effect on trade by the Greek court) that competition law precluded a rule under which Government permission for competitions organised by MOTOE was subject to ELPA's discretionary consent.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI, Economic activity, Greece.

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