By its judgment of February 14, 2013the administrative Court of appeal of Marseille that the seizin of the CNOSF for the purpose of conciliation is a mandatory prerequisite for the referral to the administrative judge. Thus, the Court has annulled a decision of an Administrative Tribunal which had allowed the application of a licensee against the decision of a federal commission of discipline without be passed prior to the conciliator.
Back on the facts...
November 19, 2008, the national Disciplinary Committee of the French Federation of petanque and provencal game (affirming a decision by which the regional Provence-Alpes-Côte d'Azur League Disciplinary Committee) gave the license suspension of an athlete for a period of six month. It also forbids to compete in all qualifiers and championships for two years from the decision and directed to return its sporty licence, within a period of one month as from notification of the decision.
Judgment of 2 February 2011, the Administrative Court of Toulon has cancelled this decision. The Federation noted in appeal, arguing inter alia that the request of the licensee before the Court was inadmissible, the athlete had not seized the CNOSF in advance.
Compulsory conciliation prior...
Recalling the provisions of articles L.141-4 and R.141-5 of the Code of the sport, the Court stated"It follows from these provisions that, with the exception of the conflicts involving the facts of doping, the administrative appeal before the national Committee Olympic and sports French must be formed before any litigation against a decision taken by a sports federation in the exercise of its prerogatives of public authority or pursuant to its statutes".
However, in this case, the decision of November 19, 2008 did not the object of such an appeal. The request of the athlete "directly before the administrative tribunal of Toulonwas therefore not admissible.
"As a result, the judgment is set aside, and this notwithstanding the fact that the statement of the routes and periods allowed for appeals on the notification of this decision is limited to invite"the recipient to "address (...) "at the national Olympic and sporting Committee French or to the administrative tribunal of the Department"".
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