Subsection 3: Other consequences

Articles in this section · 2

Article L232-23-5

French Sports CodeIn force

Updated 8 Nov 2023

I. - In order to re-establish sporting fairness, when a violation of the rules relating to the fight against doping is found in connection with an in-competition test in individual sports, the competent federation or the organiser shall cancel the individual results obtained during the competition by the athlete who committed the violation, with all the resulting consequences, including the withdrawal of medals, points, prizes and winnings.

II. - The decision of the Sanctioning Committee or the agreement validated by the College shall also provide for the annulment of the individual results, with all the resulting consequences, including the withdrawal of medals, points, prizes and winnings:

1° Of the athlete in respect of whom a violation of the rules relating to the fight against doping is held and whose results were obtained during events in which he took part between the date of the facts giving rise to the sanction or agreement and the date on which he was notified of the sanction or provisional suspension, unless another treatment is justified for reasons of fairness;

2° Going back to the first violation in the cases provided for in the penultimate paragraph of I of article L. 232-23-3-8;

3° possibly obtained in disregard of the suspension in the cases provided for in IV of article L. 232-23-3-8, or of the provisional suspension mentioned in articles L. 232-23-4 or L. 232-17, or of any provisional suspension whose effects have been recognised by the Agency pursuant to 10° of the I of article L. 232-5;

4° Obtained during events in which the athlete participated during the period of the ban when the third paragraph of article L. 232-23-3-11 is applied.

The sports federations and the organisers of sports events shall ensure the effectiveness of the results cancellations provided for in this article.

III. - When an athlete is subject to an administrative sanction as provided for in article L. 232-23 for acts committed during a sports event consisting of a series of individual events or competitions, the competent federation or the organiser may decide to cancel all individual results obtained by the athlete during this event, with all the resulting consequences, including the withdrawal of medals, points, prizes and winnings, under the conditions determined by the regulations that they issue.

For the application of the previous paragraph, the seriousness of the violation and the results of any tests to which the athlete may have been subject during other events or competitions in which he or she participated during the event may be taken into consideration. Where the athlete establishes that he or she bears No Fault or Negligence, individual results obtained in other events or competitions during the Event shall not be disqualified unless the athlete's results in such other events or competitions were influenced by the commission of the violation.

In sports which are not team sports but where prizes are awarded to teams, the annulment of results or any other disciplinary measure is pronounced against the team under conditions determined by the regulations of the competent federation or the organisation responsible for the event, when one or more members of the team have committed a violation of the rules relating to the fight against doping during a sporting event where prizes are awarded in cash or in kind or an event organised by an approved federation or authorised by the relevant delegating federation.

IV. - If more than two members of a team in a team sport have committed a violation of the anti-doping rules during the course of a sports event where prizes are awarded in cash or in kind or which is organised by an approved federation or authorised by the relevant delegating federation, the competent federation or the organisation responsible for the event imposes an appropriate sanction on the team to which they belong, under conditions determined by the regulations they issue, in addition to the consequences imposed on individual athletes who have committed the anti-doping rule violation.

V. - The federation or organiser of a sporting event which has been awarded prizes and winnings pursuant to the provisions of I and II of this article shall take all reasonable steps to reallocate and distribute these prizes and winnings to the athletes who would have been entitled to them had the sanctioned athlete not taken part in the competition concerned, under the conditions determined by the regulations they issue.

VI. - The federation or organiser of a sporting event shall also disqualify the results of any athlete found to have committed an anti-doping rule violation by any anti-doping organisation that is a signatory to the World Anti-Doping Code for the period specified by that organisation.

VII. - After having given the interested party the opportunity to submit written observations and, where applicable, at his request, oral observations, the Agency shall cancel the results obtained in violation of the second paragraph of article L. 232-15-1, unless the interested party can establish that he was unaware of the national or international nature of the event.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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