Judgment of the General Court (Fourth Chamber, Extended Composition) 16 December 2020

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Reports of Cases

CVRIA

(Competition - Association of undertakings - Speed skating events - Decision finding an infringement of Article one hundred one TFEU - Regulations of a sports federation - Balance between competition law and the specific nature of the sport - Sports betting - Court of Arbitration for Sport - Guidelines on the calculation of fines - Scope of territorial application of Article one hundred one TFEU - Restriction of competition by object - Corrective measures)

In Case T-ninety-three eighteen,

International Skating Union, established in Lausanne (Switzerland), represented by J.-F. Bellis, lawyer, applicant,

European Commission, represented by H. van Vliet, G. Meessen and F. van Schaik, acting as Agents, defendant, supported by

Mark Jan Hendrik Tuitert, residing in Hoogmade (Netherlands),

Niels Kerstholt, residing in Zeist (Netherlands),

and

European Elite Athletes Association, established in Amsterdam (Netherlands),

represented by B. Braeken and J. Versteeg, lawyers,

interveners,

APPLICATION under Article two hundred sixty-three TFUE for annulment of Commission Decision C-two thousand seventeen eight thousand two hundred thirty final, adopted on eight December two thousand seventeen relating to proceedings under Article one hundred one TFEU and Article fifty-three of the EEA Agreement (Case AT/four thousand two hundred eight - International Skating Union's eligibility rules),

THE GENERAL COURT (Fourth Chamber, Extended Composition),

composed of S. Gervasoni, President, L. Madise, P. Nihoul, R. Frendo (Rapporteur) and J. Martín y Pérez de Nanclares, Judges,

Registrar: E. Artemiou, Administrator,

having regard to the written part of the procedure and further to the hearing on twelve June two thousand twenty,

gives the following

Judgment

A. The International Skating Union

B. The rules set by the applicant

Two. Background to the dispute

B. The contested decision

Two. Application of Article one hundred one one TFEU

Three. Assessment of the arbitration rules

Four. Operative part

III. Procedure and forms of order sought

Four. Law

A. First plea, alleging that the reasoning of the contested decision is contradictory

One. The obligations imposed on a sports federation which has a power of authorisation

Two. The content and objectives of the eligibility rules

(a) The content of the eligibility rules

(1) The lack of a direct link with legitimate objectives

(2) The severity of the penalties

Three. The absence of a link between the eligibility rules and an event or series of events of the applicant

Two. The objectives pursued by the eligibility rules

Three. Other aspects of the context of the eligibility rules

D. Sixth plea, disputing the conclusion that the applicant's arbitration rules reinforce the restrictions of competition.

One. The effectiveness of the sixth plea

Two. Substance

Seventh plea, alleging infringement of the second sentence of Article seven point one of Regulation Number one two thousand three

F. Eighth plea, alleging that the imposition of periodic penalty payments lacks any valid legal basis

V. Conclusion on the outcome of the action

Costs

Overview

The judgment addresses the legality of the International Skating Union's eligibility rules under EU competition law, specifically Article 101 TFEU. The court evaluated the balance between sports regulations and competition law, particularly in relation to sports betting and athlete participation.

Key Points

1The General Court ruled on the compatibility of the ISU's eligibility rules with EU competition law
2It analyzed the impact of sports regulations on competitive practices
3The case involved claims from professional athletes regarding participation in unauthorized events
4The judgment highlighted the importance of maintaining the integrity of sports while complying with competition laws.

Details

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