sports justice and sports federation decision appeal

Administrative, disciplinary and doping

Fight against the Excess of power of sporting bodies

COMPLETE SUPPORT IN É SPORTS DEFENSE

Appeal before a sporting committee or Chamber, the CNOSF, the AFLD or the Administrative Judge to contest a disciplinary sanction, a suspension, a homologation, a demotion, a loss of a match, a withdrawal of points, a positive anti-doping control, a request for Therapeutic Use Exemption (TUE), ...

Cabinet Bertrand supports its clients (athletes, players, coaches, agents and clubs) against all decisions of the sporting bodies (committee and Chamber) of the Federations and Leagues (professional or amateur) taken in the exercise of their prerogatives of public service mission in regulatory, legal, financial or disciplinary matters.

We also regularly defend athletes, amateur or professional, before the Sanctions Committee of the French Antidoping Agency (AFLD) following a positive antidoping control or for a request of (or a refusal) Therapeutic Use Exemption (TUE).

DELEGATION OF PUBLIC SERVICE MISSION

Recourse for annulment, excess of power or compensation.

The intervention of the lawyers of Cabinet Bertrand in matters of litigation and sports disputes

Cabinet Bertrand advises, assists and defends the interests of athletes, players, coaches and clubs at each stage of the administrative procedure (sports committees, CNOSF conciliation, French Agency for the Fight against Doping, Administrative Tribunal, Administrative Court of Appeal,. ..).

The lawyers of Cabinet BERTRAND intervene in all sports disciplines (Football, Futsal, Basketball, Rugby, Athletics, Skating, Gymnastics, Horse riding, Tennis, Handball, Cycling, Horse racing, Swimming, Boxing, eSport, ...).

Appeal against the decision of sporting bodies, professional or regional, of the federations and leagues

  • National Dispute Resolution Chamber and Legal Committee,
  • Disciplinary Committee and Chamber,
  • Settlements and Litigation Committee,
  • Club Financial Control Chamber (DNCG),
  • National Player's Status Committees, Sports Agent, Ethics,
  • Appeal Committee and Chamber,
  • ...

Prior conciliation procedure before the French National Olympic and Sports Committee (CNOSF)

  • Optional conciliation procedure (art. R.141-19 of the Sports Code),
  • Compulsory prior conciliation procedure before any legal action (Articles R.141-5 and following of the Sports Code).

Defend athletes before the French Antidoping Agency (AFLD) in case of a positive antidoping control

  • Procedure before the College and the Sanctions Commission to contest a positive doping control,
  • Procedure relating to:
    • a provisional suspension,
    • a proposal for an administrative composition,
    • a request for a Therapeutic Use Exemption (TUE),
    • a TUE refusal,
    • a procedure for infringement of antidoping rules.

Appeals to Administrative Courts against decisions of sports federations and leagues

  • Administrative Court :
    • recourse for annulment for excess of power,
    • compensation claim,
    • in summary proceedings and on the merits,
  • Administrative Court of Appeal,
  • And in some cases, the Council of State (with the assistance of a lawyer on the councils).
Sport appeals to educational, social and moral values. The law which applies there must therefore respect the fundamental principles and the individual freedoms of those who are the actors.

It is therefore legitimate that, like the right granted to all citizens to have recourse to the courts. The world of sport and its institutions are no exception.
doping and AFLD remedies
"Approved sports federations participate in the implementation of public service missions relating to the development and democratization of physical and sporting activities. They cannot delegate all or part of the exercise of the public service missions entrusted to them if it is not for the benefit of the professional leagues established in application of article L. 132-1. (...) "

Article L.131-9 of the Sports Code 

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A Sports Code, a sports federation

Under the terms of articles L.131-8, L.131-9, L.132-1 of the Sports Code, in each sports discipline a single approved federation receives delegation from the Minister responsible for sports to organize sports competitions. The federations benefiting from this delegation may create a professional league for the representation, management and coordination of professional sports activities of the associations which are affiliated to them or of the companies which they have set up.
  • Organize sports competitions at the end of which international, national, regional or departmental titles are issued.
  • Make the corresponding selections.
  • Propose the registration of athletes, coaches, referees and judges on the list of high-level athletes, on the list of hopeful athletes or finally on the list of training partners (Art. L.131-15 of the Sports Code).

Control of decisions of sports federations by the administrative judge

Disputes resulting from a decision taken by a body of a sports federation or a professional league resulting from the exercise of its prerogatives of public service mission will come under the administrative judge.

sports ministry
Board of state
French Anti-Doping Agency - AFLD

Labor and contract law

Sports and doping litigation

Sporting Career

Taxation of athletes

Image rights and sponsorship

International law and CAS