30 April 2024 CJEU’S DECISION IN INTERNATIONAL SKATING UNION V. EUROPEAN COMMISSION: ITS MANAGEABLE CONSEQUENCES FOR INTERNATIONAL ARBITRATION
On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. European Commission.
The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the European Commission in CASE AT. 40208 International Skating Union’s Eligibility rules, that the rules in the International Skating Union (“ISU”) regulations (“Eligibility Rules”) punishing skater members for competing in unauthorized events offended against EU competition law (Art. 101 TFEU).
But, contrary to the GCEU, the CJEU sided with the European Commission that the dispute resolution mechanism available to punished skaters “reinforced” this violation of EU competition law. That dispute resolution mechanism is Court of Arbitration for Sport (“CAS”) arbitration in Lausanne, Switzerland, with the exclusive challenge to the CAS award lying to the Swiss Supreme Court.
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