Editor’s note: Sven Demeulemeester and Niels Verborgh
are sports lawyers at the Belgium law firm, Altius.
Introduction
In its
16 November 2018 judgment, the Court of Justice of the
European Free Trade Association States (the EFTA Court) delivered its eagerly
awaited ruling in the case involving Henrik Kristoffersen and the Norwegian Ski
Federation (NSF).
On 17 October
2016, Kristoffersen had taken the NSF to the Oslo District Court over the
latter’s refusal to let the renowned alpine skier enter into a sponsorship with
Red Bull. At stake were the commercial markings on his helmet and headgear in
races organised under the NSF’s umbrella. The NSF refused this sponsorship because
it had already granted the advertising on helmet and headgear to its own main
sponsor, Telenor. Kristoffersen claimed before the Oslo District Court, that the
NSF should be ordered to permit him to enter into an individual marketing
contract with Red Bull. In the alternative, Kristoffersen claimed damages up to
a maximum of NOK 15 million. By a letter of 25
September 2017, the Oslo District Court referred several legal questions to the
EFTA Court in view of shedding light on the compatibility of the rules that the
NSF had invoked with EEA law.
If rules do not relate to the conduct of the
sport itself, but concern sponsorship rights and hence an economic activity,
these rules are subject to EEA law. The EFTA Court ruling is important in that
it sets out the framework for dealing with - ever more frequent - cases in
which an individual athlete’s endorsement deals conflict with the interest of
the national or international sports governing bodies (SGBs) that he or she
represents in international competitions.More...
Editor's note: Marine Montejo is a graduate from the College of
Europe in Bruges and is currently an intern at the ASSER International Sports
Law Centre.
The result of the Brexit referendum on 23
June 2016 took the European Union (almost) by surprise. A lot has been said and
written about the impact of the United Kingdom leaving the EU. As in all other
areas, the British sport sector will also face the effects of the modification
of the relationship between the EU and its (probable) former Member State, the
UK. It is nearly impossible to foresee all consequences as the UK has not even
triggered article 50 TFEU yet to officially start the exit negotiations.
However, as the UK position toward the EU will change in any case, this two-part
blog aims to examine the main practical implications of such an exit for the
UK, but also for the EU, in relation to the actual application of EU law in
sport and the EU sport policy.
Unless stated otherwise, the use of the
terms Brexit in this blog should be understood as a complete exit of the UK
from the European Union. This blog focus in particular on this worst case
scenario and its consequences for UK sport. However, it is highly improbable
that the future Brexit negotiations with the EU will end up without some kind
of special agreement between the two parties the first of which being an EEA
type of agreement with full access to the internal market and applicability of
EU law.
The first part of this blog will examined
the consequences for UK sport in terms of access to the EU internal market and
the applicability of free movement principles. The second part is focused on specific
impacts with regard of others domain of EU law for professional and grassroots
UK sport. More...