A pair of Dutch speedskaters on Friday scored a big win for athletes’ rights, earning the freedom to compete in big-money events around the world.
The EU’s executive arm ruled that the International Skating Union (ISU) is in breach of anti-trust laws in the way it imposes “severe penalties” on athletes participating in speedskating competitions that are not authorized by the governing body.
The sanction on skaters could be lifetime bans from events authorized by the ISU — a crippling cost to athletes who only have a few years to make their mark in the sport, it said.
Outside Olympic years, speedskating finds it tough to find appeal outside its traditional hotbed of the Netherlands.
“International sports federations play an important role in athletes’ careers — they protect their health and safety and the integrity of competitions,” said Margrethe Vestager, the commissioner responsible for competition matters.
“However, the severe penalties the International Skating Union imposes on skaters also serve to protect its own commercial interests and prevent others from setting up their own events,” she added.
The ISU, which also governs figure skating, said it rejected a number of the commission’s conclusions and said that its stance against unauthorized events was “common sense.”
It also dismissed any notion that it has been driven by commercial interests and said it would review the decision and potentially file an appeal to European courts.
The EU investigation started two years ago following a complaint by Dutch speedskaters Mark Tuitert and Niels Kerstholt. Tuitert, the 2010 Olympic champion over 1,500m, and Kerstholdt wanted to join a novel South Korean competition in Dubai, the Icederby, but said they were threatened with a ban if they did.
The ISU said the decision failed to consider “the specific nature of sport by putting commercial interests ahead of the principles of integrity, health and safety that protect fair play in sport” and dismissed the commission’s claim that the eligibility rules preclude independent organizers from conducting skating events.
It also said it had warned skaters about the risks of participating in the lucrative Dubai event “due to the close links of the organizer to betting in Asia and the fact that the organizer had unequivocally refused to follow the ISU’s code of ethics.”
Although found to be in breach of EU laws, the ISU is to be spared a fine if it complies with the ruling. That could involve the abolition of the eligibility criteria, but other workarounds, involving rule changes, are possible, Vestager said.
However, she warned the governing body that a fine of 5 percent of the ISU’s average daily worldwide turnover could be imposed if it fails to comply within 90 days.
While stressing that it had never handed down a lifetime ban to any athlete for participating in an unauthorized event, the ISU said it has “not closed the door” on future changes to its sanctions policy that are “in line with its fundamental objectives.”
Vestager said that the ruling was not an attempt by the EU to encroach on the structure of the ISU or of that of any other sporting governing body.
She said it “makes sense” that speedskaters would want to compete in other events, especially as the careers of professional athletes do not last long.
“They should have a chance to get the most out of those years while they’re at the top of their game,” Vestager said.
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