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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014) URL: https://www.bailii.org/ew/cases/EWHC/QB/2014/2074.html Cite as: [2014] EWHC 2074 (QB) |
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OF
JUSTICE
QUEEN'S BENCH DIVISION
![]() ![]() Strand, London, WC2A 2LL |
||
B e f o r e :
Sitting as a High Court Judge
____________________
BRUCE ![]() ![]() |
Claimant |
|
- and - |
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THE ![]() ![]() |
Defendant |
____________________
Adam Lewis QC (instructed by Hugh James) for the Defendant
Hearing date: 6 June 2014
____________________
OF
JUDGMENT
Crown Copyright ©
Sir David Eady :
i) The Defendant is restrained from withholding the Claimant's manager's licence pending the outcome of
his appeal hearing.
ii) The Defendant is required to reinstate the Claimant's manager's licence pending the outcome of
his appeal hearing.
iii) The Defendant is restrained from withdrawing its recognition of
the PBPA bond pending the outcome
of
the Claimant's appeal hearing.
"A Member shall only participate:
…
(b) in or at a Promotion organised by a Federation, Commission, Association or Controlling Authority affiliated to, or recognised by, the BBBof
C."
So far as material, Reg 5.15 provides:
"No Boxer resident in the Territory and holding a valid BBBof
C licence shall take part in any Contest or exhibition outside the jurisdiction
of
the BBB
of
C without obtaining the prior written permission
of
the
Board
. Contracts for such Contests shall not be signed by a Boxer until such permission has been granted by the
Board
. Application for such permission must be made to the Registered Office
of
the
Board
at least 14 days prior to the date
of
the Contest. Permission for such Contests shall be incorporated into an International Boxer's Licence or other documentation satisfactory to the
Board
which must include therein the official authorisation
of
the
Board
for the Contest, the medical certification
of
the Boxer by his Area Medical Officer or deputy prior to his departure abroad … "
"The organisationof
football on a national or regional geographic basis seems to be part
of
the nature
of
the sport and allows international championships to be held between club teams. Accordingly the regulations
of
sports organisations laying down rules along these lines or decisions applying such rules in an objective and non-discriminatory manner are not in principle caught by Arts 81 or 82
of
the Treaty."
(See the draft/preliminary guidelines on the Application of
the Competition Rules to Sport (unpublished memorandum), 15 February 1999.)
Step One. Is the sports association to be considered an "undertaking" or "associationof
undertakings"? This depends upon its carrying out an economic activity, in the absence
of
which Arts 101 and 102 have no application.
Step Two. Does the rule restrict competition (Art 101) or constitute abuse of
a dominant position (Art 102) having regard to the rule's overall context and its objectives? Is any such restriction inherent in the pursuit
of
its objectives? Is it proportionate to that objective?
Step Three. Is trade between Member States affected?
Step Four. Does the rule fulfil the conditionsof
Art 102?
This methodology was framed in accordance with the ECJ judgment in Meca-Medina v
European Commission [2006] ECR 1-6991.