Gherdan & Associates Sports Lawyers obtained a favorable, final ruling in a dispute concerning the annulment of a decision issued by the Board of Directors of a national sports federation, which had established the number of foreign and Romanian players allowed to participate during an official match.
To reach this decision, the Bucharest District Court 2 found that the Board of Directors’ decision violated the obligations of the national sports federation established through Order No. 500 of 23.06.2022 issued by the Ministry of Sports (known as the “Novak Order”), specifically the obligation to ensure that Romanian performance athletes, at senior and youth levels, participate in a proportion of at least 40% of the total number of athletes taking part in official competitions in team sports.
In applying the Board’s decision, used throughout the 2024/2025 season, the national federation considered that this percentage applied to the extended list of a team’s players. However, the Bucharest District Court 2 confirmed our reasoning that the percentage applies to the players who actually participate on the field. Consequently, the court found the Board of Directors’ decision unlawful and annulled the provision that incorrectly applied the percentage to the entire player list, including those who were not on the bench.
Additionally, the court ordered the federation to comply, in the future, with Order No. 500 of 23.06.2022 issued by the Ministry of Sports.
The ruling is final, as it was not appealed, and it has major implications for competitions that were conducted unlawfully. There is now the possibility of annulling the decision validating all results from the 2024/2025 senior season within the respective federation.
Below you can find an excerpt from the judgment of the Bucharest District Court 2.
“Analyzing the documents and the case file, the court notes the following in fact and in law. In fact, under point no. 10 of the Decision adopted on 12.07.2023 (p. 9), the Board of Directors of the ###### Federation decided that for the 2023–2024 season, among other things, both in LNBM and in CRBM, each team must have at all times during each match at least two (2) Romanian players on the court, regardless of age. Subsequently, for the 2024–2025 season, this rule regarding Romanian players was changed through point no. 4 of the Decision adopted on 03.06.2024 (p. 83 verso), in which the Board of Directors of the ###### Federation decided the following:
‘4. At the unanimous proposal of the club managers from LNBM (with only one abstention), the Board of Directors approves, in accordance with the applicable tertiary acts, the following:
– For the ######### competition season, teams in the regular LNBM ###### 95 season may list on the official game sheet (L12) a maximum of 6 foreign players and 6 Romanian players who may participate during an official match, representing a 50% participation ratio. Additionally, teams are required to have at least 1 Romanian player on the court for the entire duration of the match, the rest of the lineup being at the discretion of the head coach.
– For the ######### competition season, teams in the regular LNBM ###### 95 season may list on the players and staff sheet (L16) a maximum of 16 athletes, of whom:
- a maximum of 6 foreign players for the remaining teams (including teams participating in regional international cups — #### Balkan, #### #####, ENBL, etc.), representing a 62% participation ratio for Romanian players;
- a maximum of 7 foreign players for teams representing ####### and participating in European cups (BKT EuroCup, Basketball Champions League, and FIBA Europe Cup), representing a 56% participation ratio for Romanian players.’
According to Article 6 of the Instructions on determining the participation of Romanian performance athletes, at senior and youth levels, in a proportion of at least 40% of the total number of athletes participating in official national sports competitions in team sports, dated 23.06.2022 and approved by Order No. 500 of 23.06.2022 issued by the Ministry of Sports, the participation ratio of Romanian performance athletes, at senior and youth levels, in official national competitions may not be lower than 40% of the total number of athletes who may take the field during a match, for each team.
According to Article 3 of the aforementioned Instructions, the objective of these Instructions is to support high-performance sports and obtain remarkable results in official national sports competitions by Romanian performance athletes.
Regarding the merits of the case, the court notes that the provisions of Article 6 of the Instructions approved by Order No. 500 of 23.06.2022 are unequivocal when establishing the participation ratio of Romanian performance athletes at senior and youth levels in official national sports competitions, clearly referring to the participating athletes who may take the field during a match, for each team—an expression that thus establishes the obligation of the effective presence on the court of Romanian players in a proportion of 40%.
This interpretation is grounded in the objective of the Instructions approved by Order No. 500 of 23.06.2022, which is to support high-performance sports and obtain remarkable results in official national competitions by Romanian performance athletes, as their mere presence on the game sheet—remaining only on the bench without entering the game—is not capable of ensuring the achievement of high performance and remarkable results. Therefore, the interpretation proposed by the defendant would contradict the legislator’s intent and cannot be accepted by the court.
Furthermore, this understanding—that the participation ratio of Romanian performance athletes refers to the effective presence on the court of Romanian players—is confirmed by the findings of the High Court of Cassation and Justice – Administrative and Fiscal Litigation Section, when analyzing the legality of Order No. 500 of 23.06.2022 through decision no. ###/22.01.2025, issued in case no. ###/33/2023 (p. 101 verso). Among other things, on page 17, paragraph 4, the court emphasized precisely the obligation of the presence on the court of Romanian players in the proportion provided by the Instructions, as follows:
‘In conclusion, the obligation of having Romanian players on the court in a proportion of 40% is based on a measure justified by a legitimate objective, strictly sporting/competitive in nature, and the imposed measure meets the proportionality test, being adequate and necessary to achieve the intended objectives/purposes.’
Therefore, considering that in a basketball match five athletes per team may play on the court simultaneously (thus 10 players in total), the court notes that the participation ratio on the court of Romanian players cannot be lower than 40%, meaning at least 2 players per team, i.e., 4 in total. Since point no. 4 of the Decision of the Board of Directors of 03.06.2024 established the obligation for teams to have a minimum of 1 (one) Romanian player on the court for the entire duration of the match, the court finds that this ratio is lower than and contrary to the legal ratio provided in Article 6 of the Instructions on determining the participation of Romanian performance athletes, at senior and youth levels, in a proportion of at least 40% of the total number of athletes participating in official national sports competitions in team sports, dated 23.06.2022, approved by Order No. 500 of 23.06.2022 issued by the Ministry of Sports. Therefore, the participation ratio established by point no. 4 of the Decision adopted on 03.06.2024—based on a minimum of 1 Romanian player on the court throughout the match—is null.
Considering all the above, the court will uphold the claim, annul in part the Decision adopted by the Board of Directors of the ###### Federation on 03.06.2024 regarding point no. 4, and oblige the defendant to comply with Order No. 500 of 23.06.2022 issued by the Ministry of Sports by reinstating the rule requiring two Romanian players to be permanently on the court in order to comply with the 40% ratio established by this Order.
This material was drafted and prepared for the website of Gherdan and Associates SCA by lead attorney Sabin Gherdan.
