By a judgment of March 29, 2023, the Court of Cassation rejects the appeal of the Council of the Order of Lawyers at the Paris Bar. The Court thus confirms the judgment of the Paris Court of Appeal of October 14, 2021 and the cancellation of theitem P.6.3.0.3 of the rules of procedure adopted in 2020 by the Paris Bar which provided that lawyers were authorized to carry out the activity of putting parties interested in the conclusion of a contract relating to the remunerated exercise of a sports or training activity (sports intermediation), without a sports agent licence.
Sports agent lawyer and sports intermediation activity
Under the terms of article 4 of the Law of March 28, 2011, the legislator created the status of attorney-at-law for athletes.
By deliberation of June 2, 2020, taken pursuant to Article 17, paragraph 1ᵉʳ, of Law No. 71-1130 of December 31, 1971, the council of the order of lawyers at the Paris bar (the council of the order) has added an article P.6.3.0.3 to the internal rules of the bar. written as follows:
« The lawyer may, as a sports representative, carry out the activity of bringing together, for remuneration, the parties interested in the conclusion of a contract, either relating to the remunerated exercise of a sporting activity or training, or which provides for the conclusion of an employment contract having as its object the remunerated exercise of a sporting or training activity. The lawyer acting as a sports agent can only be remunerated by his client. This activity must give rise to a written agreement which may, if necessary, stipulate that the player authorizes the sports club to pay, in his name and on his behalf, to the lawyer, the fees corresponding to his mission.»
The Attorney General at the Paris Court of Appeal appealed for the annulment of this deliberation, followed by several entities from the sports world.
According to judgment of October 14, 2021, the Paris Court of Appeal canceled the article in question, which led the bar association council to lodge an appeal in cassation.
Article 6 ter of Law No. 71-1130 of December 31, 1971
Creation of Law No. 2011-331 of March 28, 2011 - art. 4
"Lawyers may, within the framework of their own regulations, represent, as an agent, one of the parties interested in the conclusion of one of the contracts mentioned in the first paragraph of article L. 222-7. of the sports code.
(...) "
Details on the activity of sports attorney
The Court of Cassation has just specified the limits of the intervention of the sports attorney.
First of all, the Court of Cassation recalls:
- than to "under the terms of Article L. 222-7, paragraph 1, of the Sports Code, the activity consisting in bringing together, for remuneration, the parties interested in concluding a contract either relating to the remunerated exercise of a sporting or training activity, or which provides for the conclusion of an employment contract having as its object the remunerated exercise of a sporting or training activity, can only be exercised by a natural person holding a license sports agent",
- and that to "Under the terms of Article 6 ter, paragraph 1, of Law No. 71-1130 of December 31, 1971, created by Law No. 2011-331 of March 28, 2011, lawyers may, within the framework of the regulations which is proper, to represent, as an agent, one of the parties interested in the conclusion of one of the contracts mentioned in the aforementioned article L. 222-7".
For the Court, the result is as follows:
- Firstly, "that the lawyer cannot, either as a principal or as an accessory, exercise the activity of a sports agent,"
- and on the other hand, qeu"the lawyer acting as agent of one of the parties interested in the conclusion of such a contract can only be remunerated by his client."
In these conditions, the Court of Cassation rejects the appeals and upholds the judgment of the Court of Appeal, stating that the latter had "rightly held, first, that only the sports agent can put the interested parties in touch with each other for the conclusion of a contract relating to the remunerated exercise of a sporting or training activity, whereas the lawyer has the role of representing the interests of one of the parties to this contract, then, that the lawyer cannot be remunerated by a club which is the co-contracting party of his client."
In other words, for the Court everyone has a role. To the licensed sports agent the intermediation and to the lawyer the representation.
On the same theme, see the following articles:
[26.03.2012]
