01Sep
CE June 29, 2023, n° 458088 (published in Lebon)
"12. A delegated sports federation has regulatory power in the areas defined by the legislative provisions cited in point 6, for the organization and operation of the public service entrusted to it. As such, it is its responsibility to determine the rules for participation in the competitions and events that it organizes or authorizes, including those that allow, during matches, to ensure the safety of players and compliance with the rules of the game, as may be the case with the regulation of equipment and clothing. These rules may legally have the purpose and effect of limiting the freedom of those licensees who are not legally bound to respect the principle of neutrality of the public service, to express their opinions and beliefs if this is necessary for the proper functioning of the public service or the protection of the rights and freedoms of others, and appropriate and proportionate to these objectives.
13. It follows from what was said in point 12 that the Federation was legally able to prohibit "any speech or display of a political, ideological, religious or trade union nature" and "any act of proselytism or propaganda manoeuvre", which are likely to hinder the smooth running of the matches.
14. Furthermore, the ban on "wearing signs or clothing that ostentatiously demonstrate political, philosophical, religious or trade union affiliation", limited to the times and places of football matches, appears necessary to ensure their smooth running by preventing, in particular, any clash or confrontation unrelated to sport. Therefore, the French Football Federation could legally, under the regulatory power delegated to it for the smooth running of the competitions for which it is responsible, issue such a ban, which is appropriate and proportionate.
15. It follows that the arguments based on the failure to comply with the provisions of Articles 9 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the incompetence of the Federation to issue such a ban which, contrary to what is maintained, was adopted by its general assembly, and the unjustified nature of this ban must be dismissed. The same applies, in any event, to the arguments based on the failure to comply with Articles 10 and 11 of the Charter of Fundamental Rights of the European Union, that the disputed provisions introduce indirect discrimination based on religion, political opinions and trade union activities and therefore fail to comply with Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of the Law of 27 May 2008 containing various provisions for adaptation to Community law in the field of the fight against discrimination.
16. It follows from all of the above, without there being any need to rule on the grounds of inadmissibility raised by the French Football Federation and the International Women's Law League, that the applications of the Citizens' Alliance and others and the Human Rights League must be rejected."
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