ISU cannot forbid skaters from competing in new races, EU's top court says

The European Union's top court ruled on Thursday that sanctions imposed by the International Skating Union (ISU) on athletes who take part in competitions not recognised by the federation are illegal, after concluding that the rules are in breach of EU competition rules to the detriment of athletes, fans and television viewers.

The case dates back to 2017, when the European Commission found that the ISU rules, which require skaters who want to compete in other competitions to obtain prior approval from the ISU or be sanctioned, are contrary to EU law.

The International Federation appealed this decision to the European Court of Justice, which in 2020 ruled in favour of Brussels at first instance, confirming the illegality of the framework, but saying that EU officials shouldn't have included the arbitration rules in their analysis.

The European Union's top court confirmed the illegality of the rules of the Ice Skating Federation, but also upheld the method used by Brussels to include the arbitration rules in its decision, in the appeal ruled on this Thursday.

The judgment recalls that the organisation of sporting competitions is a clear economic activity and must therefore be subject to the competition rules of the European Union. However, within the economic sphere, sporting activity has specific characteristics, such as the existence of associations, such as the ISU, with powers of regulation, control and sanction.

Skaters from Italy, Netherlands, China, South Korea and Belgium compete during the men's 5000m relay final at the ISU World Cup Short Track Speed Skating in Seoul on December 17, 2023. GETTY IMAGES
Skaters from Italy, Netherlands, China, South Korea and Belgium compete during the men's 5000m relay final at the ISU World Cup Short Track Speed Skating in Seoul on December 17, 2023. GETTY IMAGES

In the European Court of Justice's view, the ISU's power to sanction sportsmen and women who take part in competitions organised outside its framework - such as the ice speed trials at the origin of this dispute - is not a guarantee of transparency, objectivity, non-discrimination and proportionality.

In practice, EU's top court concludes, the international federation thus has a 'clear advantage' over its competitors, to the detriment of athletes, fans and television viewers alike.