The case involves a dispute between the Fédération Française de Natation (FFN) and the Ligue Européenne de Natation (LEN) concerning violations of water polo transfer regulations, specifically the failure to secure International Transfer Certificates (ITCs) for players participating in European competitions. The dispute originated when the Czech Water Polo Federation complained that a Czech player, K., had played for the French club Olympic Nice Natation (ONN) without the required ITC. LEN investigated and confirmed the violation, noting that the FFN had previously been warned for a similar infraction in 2007. The LEN Panel for Disciplinary Matters & Disputes found the FFN responsible for the oversight and imposed sanctions, including fines and competition suspensions. The FFN appealed the decision to the Court of Arbitration for Sport (CAS), arguing procedural violations and disproportionality of penalties.
The CAS addressed several key legal issues in its ruling. First, it clarified that procedural rights under the European Convention on Human Rights (ECHR) do not apply to disciplinary proceedings within private sports associations like LEN, as these are not state tribunals. The CAS emphasized that any procedural deficiencies could be remedied through a de novo appeal. Second, the CAS examined whether LEN's ITC system complied with European Union law, particularly regarding free movement and competition. It concluded that the system was compatible with EU law, as it pursued legitimate objectives and was proportionate, similar to transfer systems in other sports like football. The CAS did not find it necessary to determine whether the player qualified as a "worker" or "citizen" under EU treaties.
The CAS upheld the principle of deference to the discretion of sanctioning bodies like the LEN Panel, provided there was no evidence of abuse. Since the FFN failed to demonstrate such abuse, the CAS saw no reason to overturn the panel’s decision. The ruling reinforced the importance of adhering to transfer regulations and upheld the authority of sports governing bodies to enforce them. The case underscores the balance between regulatory compliance and procedural fairness in international sports disputes.
In a related matter, the document also discusses a dispute involving players G. and M., who participated in the 2008/2009 Polo Club Cup Competition without proper ITCs. The LEN Panel found both the FFN and the Slovak Water Polo Federation at fault for certifying incorrect player lists, though it concluded the violations were due to procedural lapses rather than fraudulent intent. The Panel imposed sanctions, including fines and competition suspensions, to emphasize the importance of compliance with transfer rules. The FFN appealed to the CAS, arguing violations of procedural rights and disproportionality of penalties, but the CAS upheld the LEN Panel’s decision, reinforcing the enforcement of transfer regulations.
The case highlights the strict adherence required to international transfer rules in sports and the consequences of non-compliance. It also underscores the autonomy of sports associations in disciplinary matters and the limited scope of human rights protections in private legal relationships. The CAS’s ruling reaffirmed the legitimacy of LEN’s disciplinary measures and the importance of clear regulatory frameworks within sports organizations to address disputes and ensure procedural fairness. The decision maintains the integrity of internal sports governance while ensuring that appeals to the CAS provide a comprehensive review of disciplinary decisions.
Ultimately, the CAS dismissed the FFN’s appeal, upholding the LEN Panel’s decision and the imposed sanctions. The ruling reaffirmed the importance of adhering to transfer regulations to maintain fair competition and upheld the legitimacy of LEN’s disciplinary measures. The case serves as a reminder of the consequences of failing to comply with international sports regulations and the role of judicial review in ensuring procedural fairness.