Legal issue: Interpretation of Article 23(1) of еhe Partnership and Co-operation Agreement between Russia and the EU (1994) on the prohibition against discrimination of Russian citizens as regards the conditions of their work in the EU.

Background of the case: Igor Simutenkov, a citizen of Russia, who lived and worked in Spain, had applied to the Spanish Football Federation to replace his license of a non-Community player with a license identical to that held by Community players. The difference between two licenses was that the number of non-Community players which the club might simultaneously  field was two, whereas no limit existed with respect to players from within the EU. His application was turned down. Then Simutenkov challenged this refusal in a Spanish Court, arguing that it constitutes a violation of Article 23(1) of the Partnership and Co-operation Agreement between Russia and the EU (1994), which provides that ‘subject to the laws, conditions and procedures applicable in each Member State, the Community and its Member States shall ensure that the treatment accorded to Russian nationals legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals.’ The competent Spanish court referred to the ECJ the question of interpretation for preliminary ruling.

The decision: The European Court of Justice came to the conclusion that this paragraph of the Agreement has a direct application effect. Relying on the interpretation of an analogous rule from the Association Agreement between EU and Slovakia, and also on its own precedents (in particular, the decision in Bosman case of 15 December 1995, according to which the prohibition of discrimination on grounds of nationality applies to rules laid down by sporting associations which determine the conditions under which professional sportsmen can engage in gainful employment and precludes a limitation, based on nationality, on the number of players who may be fielded at the same time), the Court ruled that Article 23(1) of the Communities-Russia Partnership Agreement is to be construed as precluding the application to a professional sportsman of Russian nationality, who is lawfully employed by a club established in a Member State, of a rule drawn up by a sports federation of that State which provides that clubs may field in competitions organised at national level only a limited number of players from countries which are not parties to the Agreement on the European Economic Area.

Significance and implications: Although the resolution of the Court relates only to professional footballers and other sportsmen, its reasoning and general findings are very important for all Russian nationals who legally work in any of the EU Member-States, regardless of their profession. Russian nationals should enjoy the same rights with respect to labour conditions, salary (or any other remuneration) and dismissal as the citizens of the EU. Their discrimination in such questions is unlawful and may be challenged in courts of all EU Member-States immediately on the basis of the foregoing Article in the meaning determined by the ECJ.