CYIL 2014

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EUROPEAN ANTIǧDISCRIMINATION LAWAND THE LEGAL STATUS OF PROFESSIONAL ATHLETES

cases which, so far, have been decided by the ECJ. The lack of authoritative case

law concerns gender discrimination to a less degree, on which the ECJ has been

ruling fairly often, but especially discrimination based on race, religion, or sexual

orientation. Also at the national level, the number of anti-discrimination lawsuits is

rather low.

The case of FC Steaua Bucureşti, which was decided by the ECJ about

one year ago,

can therefore be welcomed as the proverbial white crow.

4. The case of FC Steaua Bucureşti

4.1 Facts of the case

The ECJ, in this unique case, issued its judgment with respect to a reference

for a preliminary ruling made by a Romanian Court (Curtea de Apel Bucureşti).

The national court had to deal with the legal dispute between a non-governmental

organization’s advocating gay rights (Asociatia Accept, hereinafter Accept) and the

national authority for the resolution of discrimination disputes (Consiliul Naţional

pentru Combaterea Discriminării, hereinafter Consiliul National). Actually, the

football club Steaua did not appear in the proceedings before the ECJ. Before the

ECJ only Asociatia Accept, Consiliul National, the Romanian Government and the

European Commission presented their legal arguments.

The starting point of the dispute at the national level had been a public statement

of Mr. George Becali, who is a striking personality not only in Romania but also with

respect to European soccer. In a television interview he announced that he would

rather close down FC Steaua than to take a homosexual player in the team. He added

that FC Steaua was his family and that there was no room for homosexuals in his

family.

At that time some media wrote about the possible transfer of the Bulgarian

central defender Ivan Ivanov to FC Steaua. Mr. Ivanov had never publicly confirmed

that he was homosexual and, on the contrary, he had denied such rumors. However,

See e.g. the report on the state of human rights in the Czech Republic in 2012 which has been issued by

the Human Rights Council of the Czech government. Although victims of alleged discrimination are

systematically supported by the Ombudsperson of the Czech Republic (Defender of Rights) and non-

governmental organizations, there have been only three anti-discrimination lawsuits in 2012. For the

Czech version of the report see

cr/_zprava-konecna-verze_.pdf.

Case C-81/12 Asociaţia ACCEPT v. Consiliul Naţional pentru Combaterea Discriminării (judgment

of 25 April 2013).

The first part of the statement as quoted by the Romanian court reads: “Not even if I had to close [FC

Steaua] down would I accept a homosexual on the team. Obviously people will talk, but how could

anyone write something like that and, what’s more, put it on the front page … Maybe he’s [the football

player X] not a homosexual … But what if he is? I said to an uncle of mine who didn’t believe in Satan

or in Christ. I said to him: “Let’s say God doesn’t exist. But suppose he does? What do you lose by taking

communion? Wouldn’t it be good to go to Heaven?” He said I was right. A month before he died he took

communion. May God forgive him. There’s no room for gays in my family and [FC Steaua] is my family.

It would be better to play with a junior rather than someone who was gay. No one can force me to work

with anyone. I have rights just as they do and I have the right to work with whomever I choose.”