Official Journal |
EN C series |
C/2024/2270 |
2.4.2024 |
Judgment of the Court (Grand Chamber) of 21 December 2023 — International Skating Union v European Commission, Mark Jan Hendrik Tuitert, Niels Kerstholt, European Elite Athletes Association
(Case C-124/21 P) (1)
(Appeal - Competition - Rules introduced by an international sports association - Skating - Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions - Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts - Parallel pursuit of economic activities - Organisation and marketing of competitions - Article 101(1) TFEU - Decision by an association of undertakings adversely affecting competition - Concepts of anticompetitive ‘object’ and ‘effect’ - Justification - Conditions)
(C/2024/2270)
Language of the case: English
Parties
Appellant: International Skating Union (represented by: J.-F. Bellis, avocat)
Other parties to the proceedings: European Commission (represented by: G. Meessen, F. van Schaik, H. van Vliet and C. Zois, acting as Agents), Mark Jan Hendrik Tuitert, Niels Kerstholt, European Elite Athletes Association (represented by: B.J.H. Braeken, T.C. Hieselaar and X.Y.G. Versteeg, advocaten)
Operative part of the judgment
The Court:
1. |
Dismisses the appeal; |
2. |
Upholds the cross-appeal; |
3. |
Sets aside the judgment of the General Court of the European Union of 16 December 2020, International Skating Union v Commission (T-93/18, EU:T:2020:610), in so far as it annulled in part Article 2 of Decision C(2017) 8230 final of the European Commission of 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); |
4. |
Dismisses the action in Case T-93/18 to the extent that it was not previously dismissed in the judgment referred to in point 3 of the present operative part; |
5. |
Orders the International Skating Union to pay the costs in Case C-124/21 P and in the part of Case T-93/18 referred to in point 4 of the present operative part. |
ELI: http://data.europa.eu/eli/C/2024/2270/oj
ISSN 1977-091X (electronic edition)