Judgment of the General Court of 16 December 2020 — International Skating Union v Commission

(Case T-93/18) (1)

(Competition - Association of undertakings - Speed skating events - Decision finding an infringement of Article 101 TFEU - Regulations of a sports federation - Balance between competition law and the specific nature of the sport - Sports betting - Court of Arbitration for Sport - Guidelines on the calculation of fines - Scope of territorial application of Article 101 TFEU - Restriction of competition by object - Corrective measures)

(2021/C 62/29)

Language of the case: English

Parties

Applicant: International Skating Union (Lausanne, Switzerland) (represented by: J.-F. Bellis, lawyer)

Defendant: European Commission (represented by: H. van Vliet, G. Meessen and F. van Schaik, acting as Agents)

Interveners in support of the defendant: Mark Jan Hendrik Tuitert (Hoogmade, Netherlands), Niels Kerstholt (Zeist, Netherlands), European Elite Athletes Association (Amsterdam, Netherlands) (represented by: B. Braeken and J. Versteeg, lawyers)

Re:

Application under Article 263 TFUE for annulment of Commission Decision C(2017) 8230 final, adopted on 8 December 2017 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT/40208 — International Skating Union’s eligibility rules).

Operative part of the judgment

The Court:

Annuls Articles 2 and 4 of Commission Decision C(2017) 8230 final, adopted on 8 December 2017 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT/40208 — International Skating Unions’s eligibility rules), in so far as, by requiring the International Skating Union to put an end to the infringement established which is subject to a periodic penalty payment, the Commission refers to the arbitration rules and requires that they be amended in the event that the pre-authorisation system is maintained;

2.	Dismisses the action as to the remainder;

3.	Orders the International Skating Union and the European Commission to bear their own costs;

4.	Orders the European Elite Athletes Association, Mr Mark Jan Hendrik Tuitert and Mr Niels Kerstholt to bear their own costs.

(1) OJ C 142, 23.4.2018.