Judgment of the General Court of 16 December 2020 – International Skating Union v Commission
(Case T-93/18) 1
(Competition – Association of undertakings – Speed skating events – Decision finding an infringement of Article 101 TFEU – Regulations of a sports federation – Balance between competition law and the specific nature of the sport – Sports betting – Court of Arbitration for Sport – Guidelines on the calculation of fines – Scope of territorial application of Article 101 TFEU – Restriction of competition by object – Corrective measures)
Language of the case: English
Parties
Applicant: International Skating Union (Lausanne, Switzerland) (represented by: J.-F. Bellis, lawyer)
Defendant: European Commission (represented by: H. van Vliet, G. Meessen and F. van Schaik, acting as Agents)
Interveners in support of the defendant: Mark Jan Hendrik Tuitert (Hoogmade, Netherlands), Niels Kerstholt (Zeist, Netherlands), European Elite Athletes Association (Amsterdam, Netherlands) (represented by: B. Braeken and J. Versteeg, lawyers)
Re:
Application under Article 263 TFUE for annulment of Commission Decision C(2017) 8230 final, adopted on 8 December 2017 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT/40208 – International Skating Union’s eligibility rules).
Operative part of the judgment
The Court:
Annuls Articles 2 and 4 of Commission Decision C(2017) 8230 final, adopted on 8 December 2017 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT/40208 – International Skating Unions’s eligibility rules), in so far as, by requiring the International Skating Union to put an end to the infringement established which is subject to a periodic penalty payment, the Commission refers to the arbitration rules and requires that they be amended in the event that the pre-authorisation system is maintained;
Dismisses the action as to the remainder;
Orders the International Skating Union and the European Commission to bear their own costs;
Orders the European Elite Athletes Association, Mr Mark Jan Hendrik Tuitert and Mr Niels Kerstholt to bear their own costs.
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1 OJ C 142, 23.4.2018.