Legal assistance
Your rules become law the moment you apply them
A sports federation lawyer works on decisions that carry weight. A federation writes the rules of its sport, allocates licences, selects athletes for international competitions and imposes sanctions. Each of these decisions can be challenged before a court or an arbitration panel. Case law from recent years shows that a set of rules is not outside ordinary law: it must respect competition law, it must offer a fair procedure, and it must process athletes’ data correctly.
Everest Sports Law advises federations and governing bodies on their articles of association, their regulations and their disciplinary bodies. We review a draft before it is approved, so that you avoid a procedure rather than having to conduct one. When a dispute does arise, we represent the federation before the ordinary courts, before the Belgian Court of Arbitration for Sport (BAS) and before the Court of Arbitration for Sport (CAS) in Lausanne.
What you can come to us for
These are the matters that most often recur for federations and governing bodies.
Articles of association and governance
The alignment with the Companies and Associations Code had to be completed by 1 January 2024. We redraft articles of association and internal regulations, and set out who holds which authority. See also company law.
Regulations and competition law
A set of rules that shields the market can be suspended by a competition authority. That is not theoretical: the Belgian Billiards Federation was cautioned about this twice. We check your draft against competition law before you introduce it.
Disciplinary bodies and procedure
A disciplinary body must be independent, allow both sides to be heard and give reasons for its decision. Disciplinary law in sport gives you room to organise this yourself, but a flaw in the procedure makes the sanction open to challenge. We draft your disciplinary regulations and guide your committee. See also disciplinary law.
Cross-border and inappropriate conduct
For reports of inappropriate behaviour in sport, Flanders has a separate body. The Flemish Sports Tribunal (Vlaams Sporttribunaal) handles these cases for affiliated federations. We support your reporting point, your internal investigation and your representation before the tribunal.
Selection and participation
An athlete who is not selected can challenge the decision, often under time pressure just before a championship. We make sure your selection criteria and participation conditions are clear and verifiable in advance, and we defend them when they are challenged.
Licences
Anyone who refuses a licence must be able to justify it. We draft the licensing regulations, set up the appeal body and defend your decision. See our page on licences and licence disputes.
Anti-doping
A federation applies the national anti-doping rules and works together with the competent authority. The WADA Code sets the framework, and enforcement is shifting towards the athlete’s entourage. We review your regulations and guide your procedure.
Data protection
A federation keeps membership records, disciplinary files and medical data. The GDPR imposes strict requirements on this, particularly for health data. We draw up your processing register and guide you through a data breach. See our page on GDPR and data protection.
What a sports federation lawyer checks before a rule takes effect
A sports federation lawyer earns his keep before a regulation is adopted, not after it is challenged. A rule that is tested in advance rarely becomes a case.
Does the rule survive competition law?
A regulation that closes off a market can be suspended by a competition authority, and Belgian federations have already been told so. We test a draft against competition law while it is still a draft.
Is the procedure fair on paper?
An independent body, both sides heard, and a reasoned decision. A sanction that is right on the substance still falls if the procedure was not. For complaints about conduct within the sport, the Flemish Sports Tribunal hears the cases of its affiliated federations.
Can you explain the decision to the person it hits?
Selection criteria and licence conditions have to be knowable in advance and applied the same way each time. That is what makes a refusal defensible when an athlete contests it days before a championship.