Sports law, association liability, fault, causal link, sports activity, player affiliation, rule violation, civil code article 1242
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Abstract
Extract
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Abstract
The Court of Cassation's ruling on the causal link between faults and sports activities, and the liability of sports associations for their members' actions.
Extract
[...] This reminder of the conditions for the application of the association's liability due to its members goes in the direction of an extension. II- A flexible and extensive solution To retain the association's liability, the judges have characterized the causal link between the fault and the sports activity This solution has the effect of extending the notion of fault The characterization of a causal link between the fault and the sports activity citation : the solution of the court of cassation 'the aggression ( . [...]
[...] ) henceforth, as soon as a fault characterized by a violation of the rules of the game" explanation : the court of cassation applies article 1242, paragraph 1 of the civil code. Here, the fault characterized by a violation of the rules of the game is the first condition to be met. In this case, it is met according to the judges who considered the assault as the logical consequence of the game fault at the origin of the exclusion. portée : The judges were very protective of the referee. [...]
[...] ) is imputable to one or several of their members, even not identified" explanation : in order for the association's liability to be incurred, it is necessary to attribute the fault to one or several members of the association. In this case, the aggressor was indeed part of the team, of the association, even though he was outside the field at the time of the fault and even though he no longer wore the 'player' uniform. carried : The player's affiliation with the team/association is widely appreciated by the second civil chamber. The contract concluded between the sports association and its players therefore does not end once the match is over. [...]
[...] An extension of the delimitation of the fault explanation : The court has progressively extended the temporal delimitation of the fault, from the initial harmful fact: it can occur during an official competition (Civ. 2e May 1995), and even during training (Civ. 2e September 2005). It goes even further with this ruling by considering that it can occur at the end of the match. scope : This ruling therefore goes in the sense of a responsibility of the players, which would then pass through the sports associations. It illustrates the extension both in time and in space of the field of responsibility of the association. [...]
