(CN) — In a decision that could lead to an expansion of new ice skating events around the world, the European Union's highest court on Thursday found the International Skating Union cannot force skaters to compete only in events it sanctions.
The European Court of Justice's ruling mirrored a blockbuster decision it issued on Thursday against UEFA and FIFA, respectively soccer's European and international governing bodies. In that ruling, the Luxembourg court said UEFA, the Union of European Football Associations, and FIFA had abused their dominant position and unfairly blocked the formation of new competitions.
Thursday's rulings were a momentous moment in the world of sports because these major sporting organizations were found to be in breach of EU antitrust laws.
“The rules of the International Skating Union on the prior authorization of skating competitions infringe EU law,” the high court said. “They have the object of restricting competition to the detriment, in particular, of athletes, consumers and audiences.”
The Switzerland-based skating union is the only skating federation recognized by the International Olympic Committee for the purpose of organizing figure-skating and speed-skating competitions.
This puts the International Skating Union in charge of the world's preeminent skating events, including those at the Winter Olympic Games and World Championships. But under its charter, athletes face sanctions and may even become ineligible to compete in union competitions if they take part in skating events not authorized by the group.
But the EU's top court said the union's powers “are unlawful because they are not subject to any guarantee ensuring that they are transparent, objective, non-discriminatory and proportionate.”
The organization first came under scrutiny in 2015 when two top-level Dutch skaters complained that they faced a lifetime ban by the union if they participated in a speed-skating event being organized in Dubai, the oil-rich metropolis in the United Arab Emirates.
The Dutch skaters, Olympic-gold-medalist Mark Tuitert and Niels Kerstholt, wanted to take part in the Dubai Icederby Grand Prix, an event offering $2 million in prize money.
Initially, the derby's South Korean organizers wanted to allow betting on the races, something the International Skating Union frowned upon and said violated its rules, and to use a different sized track from the union-approved one. Also, the derby was meant to feature unorthodox races where long-track and short-track skaters compete in mass starts. The project was scrapped after the organization threatened to ban skaters who participated in the event.
In 2017, the European Commission, the EU's executive body, agreed with the Dutch skaters and ruled the union was breaking antitrust laws.
The commission ordered the union to change its eligibility rules or face penalties. The union then appealed the commission's ruling to the General Court, the EU's lower court.
In 2020, the General Court ruled against the union. That decision was groundbreaking because it was the first time an EU court examined a sports federation's compliance with EU competition laws and it foreshadowed Thursday's momentous rulings.
After the General Court's ruling, the union launched an appeal at the Court of Justice, which was rebuffed Thursday.
“The rights of athletes prevail over a sports association,” Tuitert said on social media.
The International Skating Union did not immediately respond to a request for comment on Thursday.
Courthouse News reporter Cain Burdeau is based in the European Union.
Follow @cainburdeau
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