Judgment of the General Court (Fourth Chamber, Extended Composition) 16 December 2020 - Case T-93/18 International Skating Union v Commission

100%

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-twenty seventeen eight two three zero final, adopted on eight December twenty 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 twenty twenty,

gives the following

Judgment

I. Background to the dispute

A. The International Skating Union

One. The International Skating Union ('the applicant' or 'the ISU') is the sole international sports federation recognised by the International Olympic Committee ('the IOC') as responsible at worldwide level for regulating and administering figure skating and speed skating on ice.

Two. The applicant is composed of national associations that administer figure skating and speed skating on ice at national level ('the members'). The members comprise local skating clubs and associations, in which athletes who practise speed skating or figure skating as an economic activity are individual members.

Three. The applicant also carries out a commercial activity in so far as it organises and owns the rights in the most important international speed skating events. International competitions organised by the applicant include, in particular, the European and World long-track and short-track speed skating championships, the Long Track Speed Skating World Cup and the Short Track Speed Skating World Cup. In addition, the Winter Olympic Games speed skating events are organised by the applicant in the form of international competitions.

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

Article one

Article two

Article four

Three. 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

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

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 assesses the compatibility of the International Skating Union's eligibility rules with EU competition law, specifically Article 101 TFEU. It explores the balance between sporting regulations and competition concerns, particularly in relation to professional skaters' participation in non-authorised events.

Key Points

1The International Skating Union is the governing body for ice skating disciplines worldwide
2The case evaluates the legality of the ISU's eligibility rules under EU competition law
3Key arguments include the restriction of competition and potential penalties for skaters
4The judgment emphasizes the importance of fair competition in sports governance
5The decision impacts how sports federations regulate athlete eligibility and participation.

Details

Category: Law and Legal Studies

PDF
Joevanie Arellano Tabasa vs. Hon. Court of Appeals, Bureau of Immigration and Deportation, and Wilson Soluren
This document is a decision regarding the petition of Joevanie Arellano Tabasa, challenging his summary deportation by the Bureau of Immigration and Deportation after losing his U.S. citizenship and claiming his right to repatriation to the Philippines.
PDF
PCC Guidelines on Merger Remedies
These guidelines outline the Philippine Competition Commission's approach to assessing remedies for mergers and acquisitions that may substantially prevent, restrict, or lessen competition, explaining key principles, types of remedies, considerations for design, and the remedies process.
PDF
In the Matter of the Proposed Acquisition by Universal Robina Corporation of Assets of Central Azucarera Don Pedro, Inc. and Roxas Holdings, Inc.
This document is a decision issued by the Philippine Competition Commission regarding the proposed acquisition by Universal Robina Corporation of the assets of Central Azucarera Don Pedro, Inc. and Roxas Holdings, Inc., assessing the transaction's potential impact on competition in the relevant market.
PDF
In the Matter of the Proposed Acquisition by International Container Terminal Services, Inc. of Shares in the Manila North Harbour Port, Inc.
This document presents the Philippine Competition Commission's decision regarding the acquisition of shares in Manila North Harbour Port, Inc. by International Container Terminal Services, Inc., analyzing the competitive effects and market implications of the proposed transaction.
PDF
Manfredi and Others Judgment of the Court (Third Chamber) 13 July 2006
This document presents the judgment of the Court regarding preliminary rulings concerning the interpretation of Article 81 EC in relation to insurance companies involved in unlawful agreements affecting civil liability auto insurance premiums.