

 
Communications Directorate 
Press and Information Unit curia.europa.eu 
 
 
 
PRESS RELEASE No 202/23 
Luxembourg, 21 December 2023 
Judgment of the Court in Case C-124/21 P | International Skating Union v Commission 
The rules of the International Skating Union on the prior authorisation of 
skating competitions infringe EU law 
They have the object of restricting competition to the detriment, in particular, of athletes, consumers and 
audiences 
Following the European Commission and the General Court, the Court of Justice confirms that the rules of the 
International Skating Union, which empower it to subject international skating competitions to its approval and to 
impose severe penalties on athletes who take part in unauthorised competitions, are unlawful because they are not 
subject to any guarantee ensuring that they are transparent, objective, non-discriminatory and proportionate. They 
give the ISU a clear advantage over its competitors and have unfavourable effects for athletes as well as consumers 
and broadcast audiences. 
The International Skating Union (ISU) is the only international sports association recognised by the International 
Olympic Committee (‘the IOC’) in the field of figure skating and speed skating. It regulates, governs and promotes 
that sport on a worldwide basis. At the same time, it carries out an economic activity consisting of organising 
international competitions and exploiting the associated rights. 
According to the rules of the ISU, the organisation of international competitions require its prior approval. 
Moreover, athletes who take part in a competition that has not been authorised by the ISU are liable to be excluded 
from all competitions for a specific period or for life. Lastly, authorisation refusals and sanctions may be challenged 
only before the Court of Arbitration for Sport in Lausanne (Switzerland). 
In 2017, the Commission found that the rules on the authorisation of competitions and athletes’ participation 
infringe EU law 
1
 
2
. They allow the ISU to prevent the organisation of events in competition with its own and to 
prevent professional skaters from taking part in them. Furthermore, according to the Commission, the arbitration 
rules deprive such skaters of effective access to the courts. 
In 2020, the General Court of the European Union dismissed 
3
 the action brought by the ISU against the Commission 
decision concerning the rules governing authorisation and participation, and thereby confirmed that they were 
unlawful. However, it held that the Commission had incorrectly called in question the arbitration rules. 
By today’s judgment, the Court of Justice dismisses the appeal lodged by the ISU against the judgment of the 
General Court and thereby further confirms that the rules of the ISU are unlawful. However, the Court of Justice 
holds, in contrast to the General Court, that the Commission had correctly called in question the arbitration rules. 
The Court of Justice observes, first of all, that the organisation of sporting competitions clearly constitutes an 
economic activity. That activity must therefore comply with the competition rules, even though sport as an economic 
activity has certain specific features, such as the existence of associations with regulatory, control and sanctioning 
powers. 

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Press and Information Unit curia.europa.eu 
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Next, the Court stresses that a sports association such as the ISU may adopt and ensure compliance with, by means 
of sanctions, rules relating to the organisation and holding of competitions. However, those rules must be subject 
to a framework so as to ensure that they are transparent, objective, non-discriminatory and proportionate. 
If this is not the case, those rules are liable to make it possible to exclude any competing undertaking from 
the market and restrict the holding of new competitions. In addition, they may prevent athletes from taking 
part in those competitions. Lastly, they may deprive spectators and broadcast audiences of any opportunity 
to watch such competitions. 
NOTE: An appeal, on a point or points of law only, may be brought before the Court of Justice against a judgment or 
order of the General Court. In principle, the appeal does not have suspensive effect. If the appeal is admissible and 
well founded, the Court of Justice sets aside the judgment of the General Court. Where the state of the proceedings 
so permits, the Court of Justice may itself give final judgment in the case. Otherwise, it refers the case back to the 
General Court, which is bound by the decision given by the Court of Justice on the appeal. 
Unofficial document for media use, not binding on the Court of Justice. 
The full text and, as the case may be, the abstract of the judgment are published on the CURIA website on the day of 
delivery.  
Press contact: Jacques René Zammit ✆  (+352) 4303 3355 
Pictures of the delivery of the judgment are available from "Europe by Satellite" ✆  (+32) 2 2964106 
 
 
 
 
1
 See Commission Press Release IP/17/5184. 
2
 Article 101(1) of the Treaty on the Functioning of the European Union declares incompatible with the internal market and prohibits all agreements 
between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which 
have as their object or effect the prevention, restriction or distortion of competition within the internal market. 
3
 Judgment of the General Court of 16 December 2020, International Skating Union v Commission, T-93/18 ; see also PR No 159/20. 

International Skating Union's Rules on Skating Competitions Ruled Unlawful by EU Court

The Court of Justice has upheld the European Commission's finding that the rules of the International Skating Union (ISU) are unlawful. These rules require the ISU's prior approval for international skating competitions and impose severe penalties on athletes who participate in unauthorized competitions. The Court found that these rules are not transparent, objective, non-discriminatory, and proportionate, giving the ISU an unfair advantage over its competitors. The rules have negative effects on athletes, consumers, and broadcast audiences. The ISU is the only international sports association recognized by the International Olympic Committee in the field of figure skating and speed skating.

International Skating Union's Rules on Skating Competitions Ruled Unlawful by EU Court

The Court of Justice has confirmed that the rules of the International Skating Union (ISU) on the prior authorization of skating competitions infringe EU law by restricting competition to the detriment of athletes, consumers, and audiences.