15.8.2008

Official Journal of the European Union

C 209/10

(Case C-49/07)

(Articles 82 EC and 86 EC - Concept of ‘undertaking’ - Non-profit-making association representing, in Greece, the International Motorcycling Federation - Concept of ‘economic activity’ - Special legal right to give consent to applications for authorisation to organise motorcycling events - Exercise in parallel of activities such as the organisation of motorcycling events and the conclusion of sponsorship, advertising and insurance contracts)

(2008/C 209/13)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Motosykletistiki Omospondia Ellados NPID (MOTOE)

Defendant: Elliniko Dimosio

Re:

Reference for a preliminary ruling — Diikitiko Efetio Athinon — Interpretation of Articles 82 EC and 86 EC — Concept of ‘undertaking’ — Non-profit-making automobile association (ELPA) representing the Fédération internationale de motocyclisme (the International Motorcycling Federation) in Greece and having the exclusive right to authorise events in the field of motor sport — Association engaging, in parallel, in economic activities such as advertising, the conclusion of sponsorship agreements and the financing of prizes

Operative part of the judgment

A legal person whose activities consist not only in taking part in administrative decisions authorising the organisation of motorcycling events, but also in organising such events itself and in entering, in that connection, into sponsorship, advertising and insurance contracts, falls within the scope of Articles 82 EC and 86 EC. Those articles preclude a national rule which confers on a legal person, which organises motorcycling competitions and enters, in that connection, into sponsorship, advertising and insurance contracts, the power to give consent to applications for authorisation to organise such competitions, without that power being made subject to restrictions, obligations and review.

(<span class="super">1</span>) OJ C 95, 28.4.2007.