The International Skating Union (ISU) cannot punish athletes if they participate in new profit-generating tournaments, the Supreme Court of the European Union said in a ruling.
The case centered on a complaint by Dutch Olympic speed skating champion Mark Teutert and world champion Niels Kerstholt after threats of lifetime bans from the ISU prevented them from participating in lucrative commercial competitions organized by the South Korean company.
— ISU rules allowing it to submit international speed skating competitions for approval and imposing severe sanctions on athletes participating in unauthorized competitions are illegal because there is no guarantee that they are transparent, objective, non-discriminatory and proportionate . They give ISU a clear competitive advantage and have a negative impact on athletes, fans and viewers, the court said.
The European Commission, in a 2017 ruling, said the sport’s governing body had imposed “disproportionately punitive” sanctions on speed skaters, preventing the emergence of competing competitions in violation of EU antitrust rules .
— The court recalls that the organization of sports competitions is an economic activity. These activities must therefore respect the rules of competition, even if in sport they are characterized by certain characteristics, such as the existence of associations endowed with powers of regulation, control and sanctions, the court clarified.
Source : MatchTV
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