By Jean Baptiste Guillot, Partner and Virginie Molho, Counsel

Decree No. 2022-925 of June 22, 2022 published in the Official Journal of June 23, taken pursuant to Articles 23 and 24 of Law No. 2022-296 of March 2, 2022 aimed at democratizing sport in France, modifies certain provisions of the Sports Code relating to the medical certificate and the health questionnaire in order to take into account the evolution of control, by sports federations, of the absence of contraindications to the practice of sport for adults, excluding disciplines with particular constraints.

 

Since the entry into force of the law of March 2, 2022 (article 23) which modified article L.231-2 of the Sports Code, sports federations determine for their licensees the conditions under which a medical certificate may be required. for the issue or renewal of the sports license, as well as the nature and frequency of the medical examinations related to obtaining it.

In this context, the new decree specifies that the federation must first obtain the opinion of its medical commission (new article D. 231-1-3 of the Sports Code).

 

Remember that for minors, obtaining or renewing a license is subject to attestation of completion of a questionnaire relating to the state of health of the minor sportsman, carried out jointly by the minor and by the persons exercising parental authority (article L.231-2-III of the Sports Code).

 

On the other hand, with regard to sports disciplines presenting particular constraints referred to in Article L231-2-3 of the Sports Code, a medical certificate dating from less than one year establishing the absence of contraindication to the discipline concerned is always required. The new decree specifies that this duration of one year "is assessed on the day of the application for the license or registration for the competition by the athlete” (new article D. 231-1-1 of the Sports Code).

 

Finally, the decree modifies article D. 231-1-1 of the Sports Code so that referee licenses are no longer affected by these provisions.

 

Jean Baptiste Guillot

Jean-Baptiste Guillot

Partner

Jean-Baptiste Guillot handles mergers and acquisitions, strategic partnerships, commercial law, company law and contract law matters, with a particular focus on international transactions for Canadian, British and French companies.

Portraits GINESTIÉ MAGELLAN PALEY-VINCENT 2021

Virginie molho

Counsel

Virginie has acquired a solid expertise in sports law allowing her to support players in the sports industry in all types of legal issues in commercial law, company law, association law and social law applied to sport.