SETTLING SPORTS DISPUTES IN FRANCE
With so much at stake on the field of play and, with the rise of sports marketing as a multi-billion US dollar global industry, sports disputes are also increasing off the field of play. And France is no exception, with more and more sportspersons resorting to the French sports disputes resolution system for a variety of issues relating to disciplinary as well as contractual matters.
The French Sports Code, which is accessible online via Légifrance, the latest version of which came into force on 19 November 2024, regulates a wide range of sports’ matters in France, including dispute resolution.
The Body, generally, charged with settling sports disputes in France is the Sports Arbitration Chamber (SAC) of the French National Olympic and Sports Committee (CNOSF). The SAC was established in 2007.
In general, sports disputes, except for anti-doping rules’ violations and labour disputes (see later), must first be submitted to conciliation before the SAC prior to submission to the French Administrative Courts.
On 8 June 2022, the French Professional Football League (LFP) adopted a new rule (Article 223 of the LFP Administrative Regulations) under which clubs participating in LFP-organised competitions must submit all commercial disputes exceeding €50,000 (around Sw. Frs. 46,700) regarding permanent or temporary transfer agreements to the SAC for settlement by arbitration. However, the admissibility of such legal appeals is subject to prior referral for an opinion to the Legal Commission of the LFP.
Doping cases are handled by the French Anti-Doping Agency (ALFD), which was established as an independent public authority in 2006, and which works in conjunction with the World Anti-Doping Agency, the international anti-doping organisation. The ALFD has been particularly involved with the Tour de France and, for example, in the case of Floyd Landis, the ALFD stripped him of his title in the 2006 edition of the Tour.
It should also be noted that, exceptionally, all sports-related labour disputes, such as those relating to employment contracts of players, referees, coaches and managers, may only be submitted for settlement in the French Labour Courts.
French Sports Federations themselves also handle non-disciplinary disputes, such as eligibility matters and the validation of sporting results. The French Sports Code lays down the norms regarding the functioning of the justice system of the French Sports Federations.
Of course, apart from such mandatory arbitration for football transfer disputes and mandatory conciliation in other cases, except doping and labour disputes, sports disputes can be referred to the ordinary French Courts for settlement, as a final resort. In other words, after all the available remedies within the French sports dispute resolution system, as outlined above, have been exhausted.
All sports disputes resolution proceedings in France must be fair and comply with the French Constitution, applicable domestic French legislation, European Union law, and the European Convention on Human Rights, especially Article 6.1, which guarantees the right to a fair trial.
As regards any criminal liabilities arising from the acts of sportspersons, such as intentional or unintentional injury inflicted on others, especially on but also off the field of play, must be referred to the French Criminal Courts and may not be mediated or arbitrated outside the French judicial system.
As will be appreciated from the above remarks, settling sports disputes of all kinds and obtaining sporting justice in France is a veritable minefield, which requires professional expert advice and assistance.
For further information and professional assistance, please email either Dr Estelle Ivanova, the Head of our French Law Practice Group, at ‘ivanova@valloni.ch’ or Dr Lucien Valloni, our Managing Partner, at ‘valloni@valloni.ch’.