In a recent development, the European Union’s highest court has ruled that the International Skating Union (ISU) breached European Union competition law with its rules that sanction athletes for participating in events not recognized by the federation. This landmark decision reaffirms a previous ruling by a lower tribunal, marking a significant victory for athletes, consumers, and the broader sporting community.
The European Court of Justice found that the ISU’s regulations, particularly those requiring prior authorization for skating competitions, infringe upon EU law by restricting competition. These rules were seen as detrimental to athletes, consumers, and audiences alike.
This legal battle traces its roots back to a complaint filed by Dutch speed skaters Mark Tuitert and Niels Kerstholt several years ago. Both athletes aimed to participate in the Icederby competition in Dubai, an event that promised a substantial prize pool of $2 million. However, they were met with threats of sanctions and bans from the ISU if they chose to compete in the event.
The ISU defended its position by expressing concerns that the Icederby event could become a target for illegal betting activities. Consequently, the Icederby competition never materialized due to a lack of participants.
In December 2017, the European Commission, the executive arm of the EU, determined that the ISU’s regulations had the primary purpose of restricting competition. The severe penalties imposed on skaters who defied these rules were deemed to serve the interests of the ISU’s commercial activities. As a result, the commission ordered the ISU to abolish these restrictive regulations.
The ISU, however, contested the commission’s ruling and initiated legal proceedings, leading to the recent decision by the Court of Justice.
The Court of Justice’s ruling hinged on the ISU rules’ failure to meet essential criteria. The regulations were found to lack transparency, objectivity, non-discrimination, and proportionality. Furthermore, they granted the ISU an undue advantage over its competitors within the sport, resulting in adverse consequences for athletes, consumers, and broadcast audiences.
This decision marks a significant step forward in the ongoing debate surrounding competition rules and the rights of athletes to participate in events of their choosing. It underscores the importance of transparency, fairness, and non-discrimination in the governance of sports federations.
With the ISU’s rules now deemed unlawful under EU competition law, the ruling paves the way for greater freedom for athletes to pursue their careers and compete in a wider range of events. This verdict is expected to have a far-reaching impact on the sports community, potentially reshaping the relationship between governing bodies and athletes in various sports disciplines.
So, the European Court of Justice’s ruling against the ISU’s restrictive regulations highlights the significance of upholding competition law within the sports world. The decision will undoubtedly have ripple effects, promoting fairness, transparency, and greater opportunities for athletes in the future.
