Case law

Blog tagged as Case law

According to the ECHR, the location system for athletes does not violate article 8 of the CESDH
The European Court of Human Rights considers, in a judgment n ° 48151 / 11, dated 18 January 2018, that the French State, by imposing a system of localization to the sportsmen, does not violate the article 8 of the European Convention for the Protection of Human Rights.
Promise to hire sportsmen: the will of the parties as a determining criterion retained by the Court of Cassation
The Court of Cassation (by two judgments of 2017) clarified the respective definitions of the offer and the unilateral promise of a sportsman's employment contract between a sports club (rugby) and a player (recognizes the existence of a contract due to the meeting of the wishes of the parties)
Online sports betting: the FJD condemned
The Court condemns the Française des Jeux (FdJ) to pay the winnings of a bettor (error in the calculation of the odds - FdJ responsible - inexcusable error not allowing the cancellation of sports betting contracts - FdJ must prove knowledge of the results by the bettor when placing his bet)
Doping, the sanction of the AFLD against a coach having opposed the control of swimmers is confirmed
The Council of State, by order of the 25 August 2017, dismissed the application for interim measures of a swimming coach suspended by the French Anti-Doping Agency (AFLD) on the ground that it had Opposed to the control of swimmers it entails.
Poker: Profits of a Professional Player Taxable as Non-Commercial Profits
The Administrative Court of Appeal of Paris has confirmed, in a judgment of February 7 2017, that the gains of a professional poker player are taxable as non-commercial profits (BNC).
TPO: CAS confirms the sanction imposed by the FIFA club FC Seraing
According to FIFA's press release, the Court of Arbitration for Sport would have validated under European Union law the sanction imposed by the Disciplinary Commission on FC Seraing for violations of the regulations related to the ownership of the economic rights of players by players. third party TPO
Boxing: violation of freedom of work of amateur sport justifies the urgency
The Administrative Court of Montreuil suspended, by an order of February 24, 2017, the execution of the decision of the French Boxing Federation imposing on an amateur boxer the disciplinary penalty of suspension of federal license for five years.
Franchise URSSAF, flat tax: the Court of Cassation states
The 2nd civil chamber of the Court of Cassation, in its judgment of February 13, 2014, takes stock of the application of the "URSSAF franchises" and "flat-rate bases" for sports associations: educators and salaried guides are thus excluded from the URSSAF franchise.
Football: payroll deductions assimilated to pecuniary penalties prohibited
According to the judgment of the Lyon Labor Council, a deduction from wages decided by a professional football club against one of these players is a financial penalty prohibited by the Labor Code. Cabinet Bertrand is the player's counsel in this matter.
Football, Case Lassana Diarra: Fifa regulations contrary to the principle of free movement of workers
On January 19, 2017, the Commercial Court of Hainaut, in the context of the dispute between the player Lassana Diarra and FIFA and the Belgian Football Federation, declared article 17.2 of the Regulation of Status and Transfer of Players.
Doping: substantial assistance and reduction of the sanction
The Council of State had to know of its first case in which the athlete requested the annulment of the sanction imposed by the French Agency for the Fight against Doping (AFLD) because of the substantial assistance provided. The athlete's argument did not succeed (CE 23 December 2016 n ° 399728)
The French Football Federation wins a battle against Viagogo
A company which sells tickets for matches in particular for the French football team when it does not have the authorization of the Federation which enjoys the monopoly of operating these matches on the national territory is a fault incurring tort liability
Education against remuneration: Are the courses subject to VAT?
A decision of the Council of State of April 11, 2014 allows us to complete our study of the ABéCéDaire concerning education against remuneration. This judgment returns to the subject to the Value Added Tax (VAT) of the courses given by the holder of a State Certificate of Sports Educator (BEES)
[News of the World] Finland recognizes the eSport as a sport
The Finnish eSport federation is now a member of the Finnish Olympic Committee which has recognized its existence. The Club of Valencia, Spain, seized the Court of Justice of the European Union against the decision of the European Commission relating to the State aid granted by the Kingdom of Spain
[News of the World] The latest news of the International Football
Several important decisions have been taken by Fifa and UEFA. Gibraltar should join Fifa, Kosovo is a new member of UEFA. In Africa, the Beninese Federation is suspended by Fifa; and Equatorial Guinea, she is excluded from the 2020 Women's Olympic Football Tournament
Professional athlete: the early termination clause of a fixed-term contract is prohibited
The Supreme Court has just recalled, in a ruling dated February 4 2015 (c Gunn / Poitiers Basket 86, 13-26.172 No), the prohibition of termination clauses in the contracts of fixed-term work of professional sportsmen.
Football: the injury is not a case of just cause to terminate the contract of a player
A judgment of the Court of Arbitration for Sport of December 3, 2014 makes it possible to reconsider the notion of "just cause" allowing one of the two parties (the player or the club) to terminate the employment contract binding them in advance.
At the fiscal level, the referee is not a sport
A judgment of the Administrative Court of Nantes (n ° 14NT01716, June 11, 2015) reminds us that in terms of taxation, an arbitrator cannot be considered as an athlete.
Communication from the CAS on the judgment rendered by the German Federal Court in the Pechstein case
German justice refused to apply a judgment of the Court of Arbitration for Sport (CAS) on the grounds that it was contrary to European Union law. In a new judgment of the Federal Court of June 7, 2016, the courts revisited this position and validated the procedure before the CAS.
Judo, Loic Korval banned of Olympics for doping?
While his suspension was reduced to one year by the Supreme court (April 15, 2016), the French Antidoping Agency (AFLD) indicated according to a press release that the judoka Loic Korval will not have served by the Games his suspension for three failures to locate