ECJ Advocate General’s opinion published in English Bridge Union Case

ECJ Advocate General’s opinion published in English Bridge Union Case

On 15 June 2017, the European Court of Justice (ECJ) published the opinion of Advocate General Szpunar in the English Bridge Union (EBU) Case (C-90/16). The case is based on a referral for preliminary ruling by the British Upper Tribunal to the ECJ on the question whether contract or duplicate bridge is a sport within article 132(1) (m) of the Principal VAT Directive. The Upper Tribunal further wanted to know if an activity needed to have a significant physical element to count as a sport for this directive.
 
The opinion initially clarifies that the exemptions listed in the VAT directive are not optional: If conditions are met, then Member States are obliged to exempt transactions from VAT. Although there have been previous cases regarding VAT exemptions and sport, and even the combination of the two, there is currently no Union wide all-encompassing definition of sport which would apply throughout the EU for every act of law. Therefore, the Advocate General looked at the wording, system, context/objectives and history of the VAT Directive to decide on an interpretation. 
 
On the basis of these factors, he argues that the VAT Directive does not imply that “sport necessitates a physical element”. The rationale behind the exemption stems from Article 165 TFEU, which states that the Union is “to contribute to the promotion of European sporting issues, while taking account of the specific nature of sport”. Since there is no uniform definition of sport in EU legislation, the question at hand is not whether sport according to some definition needs to have a physical component, but specifically, whether the activities benefitting from the VAT exemption under the term ‘sport’ need to include an element of physical effort or exertion. The international status granted by the IOC to certain mental sports or activities without a physical element implies a certain acceptance by the public for seeing such activities as sports. 
 
Subsequently, the opinion arrives at a list of prerequisites for a sport in the context of the VAT directive:
  • A sport requires a certain effort to overcome a challenge or an obstacle (and are thus not purely recreational);
  • The overcoming of these challenges trains a certain physical or mental skill and thereby yields benefits for the physical or mental wellbeing of the persons engaging in the sport;
  • Such activities are usually practised not solely in a purely commercial context:
  • (Local) public perception or international recognition serve as an indication pointing to the existence of a ‘sport’. There is a cultural component to this, as some sports are regional or more prevalent in certain countries.
 
Following this interpretation, the Advocate General finally advises the ECJ to answer the British court’s question in the sense that “among the characteristics an activity must exhibit in order for it to be a ‘sport’ within the meaning of Article 132(1)(m) of […]the ‘VAT Directive’ a physical element is not necessary.” and that Duplicate contract bridge is a sport regarding the exemption in the VAT Directive.
 
A longer analysis of the General Advocate’s opinion can be found on the EOC EU Office intranet. A date for the delivery of the ECJ’s preliminary ruling has not been defined yet.
 
FURTHER INFORMATION
 

Recent Posts

European Parliament FEMM Committee discusses 2025 Gender Equality Index

The European Parliament’s Committee on Women’s Rights and Gender Equality (FEMM) met on 2 December to discuss the 2025 Gender Equality Index. The Committee President, Lina Galvez (S&D, Spain), welcomed Carlien Scheele, Director of the European Institute for Gender Equality (EIGE), who presented the new Index highlighting disparities across the dimensions knowledge, money, health, work, […]

Read More
Discussion in the European Parliament highlights need for financing of sport infrastructure

On 2 December, the European Parliament hosted the event “From Playground to Olympus – Financing Europe’s Sport Future,” organised by the MEP Nikolina Brnjac (Croatia, EPP). In her opening speech, MEP Brnjac, former Sports Minister of Croatia stressed that sport infrastructure must focus on everyday community spaces that give all children and citizens access to […]

Read More
SAFE HARBOUR project presented at the EU Network for children’s rights meeting

On 25 November 2025, the SAFE HARBOUR project was presented at the 7th Meeting of the EU Network for Children’s Rights by the EOC EU Office and the IOC. The presentation formed part of a session on protecting children from violence and promoting their well-being, bringing together representatives from EU institutions, Member States, and civil […]

Read More

Related Posts

December 5, 2025
European Parliament FEMM Committee discusses 2025 Gender Equality Index

The European Parliament’s Committee on Women’s Rights and Gender Equality (FEMM) met on 2 December to discuss the 2025 Gender Equality Index. The Committee President, Lina Galvez (S&D, Spain), welcomed Carlien Scheele, Director of the European Institute for Gender Equality (EIGE), who presented the new Index highlighting disparities across the dimensions knowledge, money, health, work, […]

December 5, 2025
Discussion in the European Parliament highlights need for financing of sport infrastructure

On 2 December, the European Parliament hosted the event “From Playground to Olympus – Financing Europe’s Sport Future,” organised by the MEP Nikolina Brnjac (Croatia, EPP). In her opening speech, MEP Brnjac, former Sports Minister of Croatia stressed that sport infrastructure must focus on everyday community spaces that give all children and citizens access to […]

December 1, 2025
SAFE HARBOUR project presented at the EU Network for children’s rights meeting

On 25 November 2025, the SAFE HARBOUR project was presented at the 7th Meeting of the EU Network for Children’s Rights by the EOC EU Office and the IOC. The presentation formed part of a session on protecting children from violence and promoting their well-being, bringing together representatives from EU institutions, Member States, and civil […]

About us

The EOC EU Office is the House of European Sport, representing the European Olympic Committees (EOC), the IOC and other major sport organisations to the European institutions in Brussels.
CONTACT
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram