BRUSSELS (AP) — International Skating Union rules that sanction athletes for taking part in events it does not recognize were in breach of European Union competition law, the EU’s top court said on Thursday.
Upholding a previous ruling by a lower tribunal, the European Court of Justice said ISU’s rules on the prior authorization of skating competitions infringe EU law.
“They have the object of restricting competition to the detriment, in particular, of athletes, consumers and audiences,” it said.
The ruling is the latest episode in a case which started years ago when an EU investigation was launched following a complaint by Dutch speed skaters Mark Tuitert and Niels Kerstholt. Tuitert, an Olympic champion from the 2010 Vancouver Games, and Kerstholdt wanted to join a new South Korean competition in Dubai, the Icederby, but said they were threatened with a ban if they did.
The Icederby offered prize money of $2 million, and the ISU said it feared it would become a target for betting. The event never took place because of a lack of competitors.
The European Commission — the EU’s executive arm — decided in December 2017 that the ISU regulations had “as their object the restriction of competition.” The commission ruled that severe penalties imposed on skaters served to protect ISU commercial interests, and ordered the federation to lift the regulations. The ISU contested the ruling and brought legal action.
The Court of Justice said the ISU rules were unlawful because they were not subject to any guarantee ensuring they were transparent, objective, non-discriminatory and proportionate.
“They give the ISU a clear advantage over its competitors and have unfavorable effects for athletes as well as consumers and broadcast audiences,” the court said.
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