INTERNATIONAL SKATING UNION HEARING TAKES PLACE IN LUXEMBOURG

The International Skating Union (ISU) case hearing took place at the European Court of Justice on 11 July.  The hearing was initiated by the appeal of ISU against a General Court of the European Union decision in 2020 which deemed ISU to have infringed Article 101 in the Treaty of the Functioning of the European Union when it restricted the organisation of speed skating competition by a third party and a subsequent ban of competing athletes therein. 

Similar to the European Super League case, the hearing brought to a head the relationship between sport and the application of EU competition law when looking at the remit Sport Governing Bodies have in limiting commercially driven competitions. It also drew attention to the relationship between athletes and sport governing bodies, extending to the rights of athletes to participate in events organised by a third party. 

In not too dissimilar fashion to the Super League case, the opinion of the Advocate General will be delivered on 15 December and is likely to have an important bearing when it comes to the proclamation of sanctions by Sport Governing Bodies and the degree of proportionality these sanctions ought to have.