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"".

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

By its judgment of 26 December 2012the Council of State censorship the administrative Court of appeal of Marseille which had annulled (judgment of 12 May 2011) the sanction taken by the disciplinary body of appeal for anti-doping by the French Athletics Federation, for non-compliance of the procedure and the rights of the defence, in the proceedings before the disciplinary body of first instance. The high administrative court, calling purge irregularities in the procedure of first instance.

Back on the facts...

During the Championships of France military cross country on January 27, 2007, an athlete is controlled positive for EPO. April 18, 2007, the disciplinary body of first instance of anti-doping of the French Athletics Federation (FFA) pronounced against him a penalty of suspension for a period of three years of any sporting event. Following the call of the athlete, the disciplinary body of anti-doping appeal confirms this sanction by decision of 7 June 2007.

An appeal is therefore formed by athlete before the Administrative Court of Montpellier. However, it rejected the application for annulment of the decision of 7 June 2007.

Seized by the athlete, the administrative Court of appeal of Marseille cancels, by a judgment of May 12, 2011, the judgment of the Administrative Court of Montpellier and the FFA decision, which has appealed against this judgment.

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

In its judgment of 22 October 2012the Council of State returns to the method of calculation of the trade tax to which is subject a professional football club carrying facilities put at its disposal by a municipality.

The facts...

The municipality of Sedan provides a stage of the professional football club of the city, through a public domain occupancy agreement signed in 2002, for the purposes of its activities.

For the establishment of the business tax of the CS Sedan in respect of the year 2004, the IRS has taken into account the rental value of used facilities"determined by way of direct assessment in accordance with the provisions of the 3 ° of article 1498 of the General Code of taxes". To assess the market value of the installations, the administration"has practiced an abatement of 70% on the value updated to January 1, 1970, their cost of returns, in accordance with the provisions of the second paragraph of article 324 AC of annex III to the general tax code".

Contesting this calculation, the club has is in the administrative courts. By a judgment of May 22, 2008, the Administrative Court of Châlons-en-Champagne"has rejected his request to headline at the outlet of the corresponding tax and, in the alternative, for a reduction of the bases of this taxation taking into account the duration of actual use of facilities". Also dismissed by the administrative Court of appeal of Nancy, the club appealed in cassation Conseil d'Etat.

The higher administrative court will reject the appeal of the club according to judgment of 22 October 2012.

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

The decision of the French Football Federation demoting a referee is suspended by the Council of State)judgment of 7 November 2012) on the basis of the emergency.

The facts...

By validating the general array of groups of Federal arbitrators, the federal Council of the French Football Federation (FFF) demotes an arbitrator""Fédéral 4" level in accordance with the rules set out in annex 3 of the rules of procedure of the National Board of arbitration of the federation, which the category "Fédéral 2" provisions provide that: "the age limit in the F2 category is 42 years old (...)" In any event, the arbitrator F2 is evaluated (…)". It challenged the decision before the judge of the Administrative Tribunal of Paris.

Court suspends execution of the decision of the Federation"until a decision on the legality of this decision'and'directed to the French football Federation to maintain [the adjudicator] "Fédéral 2" level to the title of the season 2011-2012, at the latest until what is made the judgment at the bottom".

The FFF appealed in cassation before the Council of State (EC), which confirms (judgment of 7 November 2012) the suspension of the decision's demotion on the following grounds:

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

As we indicated in our previous articles (of) July 10 and 30 may 2012), the French Football Federation has capped the salary like the allows the Act of 1 February 2012. Two representative trade unions of sports agents brought an action for interim relief before the Council of State to suspend the decision of the Executive Committee of the FFF. This motion was dismissed by the Council of State.

The decision refusing the amendment of the statutes of the French Federation of gymnastics by the Minister of the Interior in his power of guardianship is not regulatory in nature. Therefore, the Council of State cannot be responsible for in the first and last resort of recourse for excess of power against this decision.

Review of the facts....

The French Federation of gymnastics is a recognized association of public utility. November 17, 2007, the General Assembly of the Federation adopted a decision amending its statutes. In accordance with the requirements of article 13-1 of the Decree of August 16, 1901, the Federation then submitted its decision for a modification to the Minister of the Interior, of the overseas and local and regional authorities for approval. However, by decision of 17 June 2010 the Minister refused to approve the amendment of the statutes. The Federation thus before the Council of State of a recourse for excess of power against the Minister's decision.

Incompetence of the State Council

In a judgment of 4 July 2012, the Council of State declared incompetent and assigns the judgment at the request of the Federation to the Administrative Tribunal of Paris. Indeed, it notes that the decision of refusal of approval of the amended articles made by the Minister of the Interior in his power of guardianship is not regulatory in nature. The high administrative Court submits that the decision is not within the scope of the 2 ° of article r. 311 - 1 of the Code of Administrative Justice, which provides for cases in which the Council of State is competent first and last shows. Finding then by combined application of article r. 351 - 1 of the Code of Administrative Justice enabled him to give judgment in the case that it jurisdiction and jurisdiction of article r. 312 - 15 of the code, the Council of State returns the French Federation of gymnastics before the Administrative Tribunal of Paris.

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

Sport suspension, proportionality of the sanction and rules of procedure, thejudgment of the administrative Court of appeal of Lyon back on these three essential elements for contestation of disciplinary penalties imposed by a sports federation.

The personal account of a leader of equestrian centre, approved by the Federation française of horseback riding (FFE), was used to create a license in a fraudulent manner. First instance disciplinary commission imposed on the leader a fine of 1,500 euros. seized by the FFE, the disciplinary board of appeal has substituted for this sanction of suspension of the licence of competition of the leader for a period of three years, including two years with stay and he prohibited to participate, during the same period, in all French competitions under the guise of a foreign licence.

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

The reconciliation of the National Olympic Committee athlete French: mission entrusted to the French Olympic Committee by the legislature. The attempt at conciliation CNOSF is a compulsory prerequisite before any contentious.

According to the Administrative Court of appeal of Nancythe anti-doping rules of the FFF and the principle of penalties floor are in accordance with the Declaration of the rights of man and of the citizen (DRMC).

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.

The Council of State returned to the notion of urgency in interim administrative measures following the appeal of the society for the Encouragement to the breeding of French horse who had withdrawn permission to train horses and to ride in races to an individual for a period of one year.

   Reserved access
To access the full article (as well as downloads, decisions, texts and links space), you must have the appropriate access rights to the Member or Client subscriptions
Click here to inquire about available subscriptions.