Luxembourg

Loi du 3 août 2005 concernant le sport

43,361 characters 2005 Data Source

LOI DU 3 AOÛT 2005 CONCERNANT LE SPORT / LAW OF 3 AUGUST 2005 ON SPORT

Consolidated version applicable as of 01/01/2024

Source: Legilux. Translation by SportStudies (gemini-translate + codex-verify), 2026.

This law amends or derogates from:

a) the amended law of 7 June 1937 reforming the law of 31 October 1919 on the legal regulation of the contract of service of private employees; b) the social insurance code; c) articles 5 and 9 of the amended law of 24 May 1989 on the employment contract.

Art. 1. Object

Sport is of general interest and its practice constitutes a right for everyone.

This right is exercised in compliance with legal and regulatory provisions as well as within the limits of existing material facilities.

The State supports sport in achieving its main objectives, which are the maintenance or improvement of health, the fulfillment of the personality, social integration and the development of relationships in society, as well as the achievement of results in competition at all levels. It supports the sports movement in the protection of the ethical foundations of sport.

Chapter 1: The organization of sport

Art. 2. The sports movement

(1) The sports movement consists of the approved federations (fédérations agréées) with their affiliated clubs, as well as their central organ which is the Luxembourg Olympic and Sporting Committee, abbreviated as C.O.S.L.

The C.O.S.L., constituted as a non-profit association (association sans but lucratif), groups together all the national federations governing a competitive sport, leisure sport associations, multisport groups and sports-oriented organizations of a national character. It safeguards the interests of sport with official, public and private authorities and institutions.

(2) To be approved, a federation must be representative at the national level of the sports or sports-oriented activities it covers and which are recognized internationally. It must provide proof of its viability.

Only one federation per sport or group of similar or related activities is approved by the minister responsible for Sports, with the C.O.S.L. asked for its opinion.

If a federation has been approved for one or more sports disciplines, it alone is authorized to organize or authorize official competitions or events at the national or international level.

(3) It is prohibited for any group or association to confer upon itself the title of Luxembourg Federation or National Federation, as well as any other designation of the same nature, followed by the name of one or more sports, if for the same sport a group or association already benefits from ministerial approval. The directors of groups or associations that have disregarded this provision shall be punished by a fine of 251 to 2,500 €.

(4) The approval may, according to the same procedure, be withdrawn for serious cause as well as in cases where one of the conditions listed above is no longer continuously met.

(5) Donations in favor of the C.O.S.L. and the approved sports federations within the meaning of paragraph 2 above are deductible for the donor as special expenses within the limits and conditions provided for by articles 109 and 112 of the modified law of 4 December 1967 concerning income tax.

(6) The status of an active member of a sports federation is documented by a sports license granted by the federations according to their own regulations.

Art. 3. The role of public authorities

Public authorities respect the operational autonomy of the sports movement. They contribute in an essentially subsidiary and complementary manner to the development of sport and to the achievement of the objectives of the sports movement.

The State supports volunteering by contributing to the supervision and support of the sports organization on the sporting and administrative levels.

The State and the municipalities determine the infrastructure to be created and made available for the practice of sport.

At the local level, the municipal council decides on the conditions of support for the practice of sport, particularly in the interest of the clubs which have their registered office on its territory and whose statutes it has taken note of.

At the governmental level, the minister responsible for Sports is responsible for executing the State’s contribution to sport. The minister is assisted by a Higher Sports Council (Conseil supérieur des sports) which has an advisory mission. The Higher Sports Council is composed of representatives of competitive sport and leisure sport, and delegates from the relevant governmental departments.

The powers and functioning of the Higher Sports Council, the number of its members, the distribution of seats, the appointment procedures and the duration of the mandates are determined by grand-ducal regulation (règlement grand-ducal).

Chapter 2: Sports practices

Art. 4. Sports at school

(1) Motor activities are compulsory in early childhood education groups and in preschool education classes. Sports education is compulsory in primary, secondary, and technical secondary education, with the exception of part-time classes. In primary, secondary, and technical secondary education, sports education results in the awarding of grades on the report card.

(2) The minister responsible for National Education establishes the volume and content of teaching through motor activities and sports education within the framework of timetables and curricula.

(3) Education through motor activities and sports education are provided by qualified personnel whose training and recruitment conditions are set by the laws and regulations in force.

(4) The municipalities (communes) are responsible for the organization of sports within the framework of early childhood education groups, preschool education, and primary education according to the curriculum and the recommendations of the Ministry of National Education. They make available sports infrastructures meeting the technical requirements and the needs of school sports programs.

(5) Extracurricular sports activities are organized by the associations grouped within approved national organizations (organisations nationales agréées) and supported in respect of the aforementioned activities. In the sports facilities of the municipalities, they take place according to the terms decided by the municipal councils (conseils communaux).

(6) Classes with specific school curricula and timetables as well as federal training centers are organized with the National School of Physical Education and Sports (Ecole nationale de l’éducation physique et des sports) in the interest of supervising young sporting talents on an academic, sporting, medical, and social level.

The technical staff and the federal supervisory personnel intervening during training sessions, training camps, or sports competitions organized in the context of federal training centers are entitled to an hourly compensation that may not exceed 18 euros (at index number 100 of the cost of living).

Persons ensuring individualized monitoring of young sporting talents on a medical, paramedical, psycho-social, and academic level are also entitled to an hourly compensation that may not exceed 18 euros (at index number 100 of the cost of living).

The amount and terms of the compensation are fixed by Grand-Ducal regulation (règlement grand-ducal).

(7) Special measures concerning the curricula and the organization of studies may be decided in favor of young athletes in post-primary education who are engaged athletically within a high-level framework. The details are regulated by Grand-Ducal regulation.

Art. 5. Leisure sports

Leisure sports refers to any sporting activity practiced essentially on a recreational basis, as well as those practiced for health or resocialization reasons.

The State and the municipalities assume an animation and support mission with regard to leisure sports and support health preservation programs through sports.

Any offer of leisure sports activities includes qualified technical supervision and meets appropriate safety and hygiene conditions.

Art. 6. Competitive sports

Competitive sports refers to sports that take place within an organized framework according to rules and rankings.

The State supports the sports movement in the exercise and promotion of competitive sports through contributions that are mainly of a financial nature, through the direct provision of services, and through logistical support aimed at ensuring its administrative and sporting functioning on a national and international level.

Chapter 3: Sports infrastructure

Art. 7. The establishment of sports facilities

The planning and development of sports facilities is carried out on a national, regional, and local basis, taking into account, within the framework of general spatial planning (aménagement du territoire), the needs established at the school, competitive, and recreational levels.

The State, the municipalities (communes), and the sports movement collaborate in the establishment, preservation, adaptation, and modernization of sports infrastructures. State investments and aid are provided through multi-annual programs and by means of annual budgetary allocations.

Sports activities must preserve nature, and to this end, special sites and appropriate facilities may be created.

Art. 8. The development and use of sports facilities

Sports venues (enceintes sportives) shall meet the sports standards provided for by international federations, technical specifications regarding hygiene and comfort, and requirements concerning the safety of users and the public.

From the design phase, arrangements must be planned to allow access and use by persons with disabilities.

Depending on the organization and needs of school sports and competitive sports, sports facilities are open to the practice of recreational sports (sport de loisir).

Chapter 4: State contributions to sport

Art. 9. Financial support

With funds determined annually by the budget law (loi budgétaire), the State grants financial aid for sports activities, for technical supervision (encadrement technique), as well as for the administration of sport.

Art. 10. Training of sports cadres

The State and the sports movement determine and organize the training of technical and administrative cadres (cadres techniques et administratifs) for the different forms of sports activities.

The National School of Physical Education and Sports (Ecole nationale de l’éducation physique et des sports) ensures, at the request and with the cooperation of the sports movement, training courses that lead to State certificates (brevets d’Etat).

Persons who can prove experience in supervising athletes in a given discipline benefit from exemptions from courses and training periods (stages). The training courses and their organization are determined by Grand-Ducal regulation (règlement grand-ducal).

Art. 11. Medico-sports control

Depending on medical considerations, the State organizes medico-sports control (contrôle médico-sportif) and ensures medico-sports examinations in centers designated by the minister responsible for Sports (ministre ayant les Sports dans ses attributions).

In these centers, the examinations are carried out by doctors holding a special studies certificate in sports medicine (certificat d’études spéciales en médecine du sport) approved by the minister responsible for Sports. The approved doctors may be assisted by administrative staff who are entitled to hourly compensation. The amount in question, which cannot exceed 12 euros (at index 100 of the cost of living), is fixed by Grand-Ducal regulation. The reimbursement of travel and accommodation expenses is made in accordance with the provisions of the Grand-Ducal regulation of June 14, 2015 on travel and accommodation expenses as well as on moving allowances for civil servants and State employees.

Mandatory medico-sports control is borne by the State.

The federations make the issuance of an active member license subject to the production of a medical certificate of fitness for sport issued by the medico-sports service. Certain sports disciplines may be exempted from the medico-sports examination by Grand-Ducal regulation.

Special examinations are provided in the centers for sports activities requiring special fitness.

The doctor responsible for the medico-sports control and their delegate, who ensure the organization and functioning of the medico-sports control, must have the right to practice general medicine in Luxembourg and provide evidence of additional training in sports medicine.

The nature and organization of the medico-sports control are determined by Grand-Ducal regulation.

Art. 12. Sports insurance

In the interest of covering civil liability risks of sports organizations, sports officials (dirigeants sportifs), licensed athletes (sportifs licenciés), and occasional volunteer collaborators, and covering the risk of personal accidents of sports officials, licensed athletes, and occasional volunteer collaborators during sports activities, the State subscribes to one or more insurance contracts with one or more insurance companies approved or authorized in the Grand Duchy of Luxembourg. The insurance contracts may be adapted to the various sports disciplines.

Chapter 5: A special status in the interest of the sporting elite

Art. 13. Scope of application

The State joins in the measures of the sports movement to support the elite athlete in their sporting career and in their professional career.

The term elite athlete refers to athletes whose sporting qualification is recognized as such by the C.O.S.L. or the Luxembourg Paralympic Committee, abbreviated as L.P.C.

Art. 14. Specific support measures for the elite athlete

  1. An adjusted working schedule may be introduced in the interest of elite athletes employed in the public sector.

The public sector is understood to mean the State, the municipalities (communes), the syndicates of municipalities (syndicats de communes), public establishments, and the Luxembourg National Railway Company (société nationale des chemins de fer luxembourgeois).

  1. Provided that they fulfill the admission requirements for the various career paths, elite athletes benefit from a priority right for employment in the public sector.

This priority right does not exist if admission to the position in question is subject to a competitive examination (examen-concours).

  1. The State participates in special preparation models for national and Olympic squads (cadres).
  2. The State provides special medical monitoring in the interest of elite athletes.
  3. The State may promote educational and professional training measures in the interest of the elite athlete in the event of an interruption to their education or professional career for sporting reasons.
  4. Insofar as elite athletes are not insured under another capacity, the State covers their social security contributions, based on the assessment basis of the minimum social wage (salaire social minimum). For elite athletes who reduce their professional activity such that their income falls below the minimum social wage, the State reimburses the social charges calculated according to their actual income.
  5. The elite athlete who interrupts or spreads out their studies to devote themselves to their sporting career benefits from the exceptional provisions regarding the granting of scholarships and loans provided for in Article 5 of the Law of 22 June 2000 concerning State financial aid for higher education.
  6. A special section in the Army accommodates elite athletes as volunteers.

The modalities of the specific support measures for elite athletes may be specified by Grand Ducal regulation (règlement grand-ducal).

Art. 15. Sporting leave

A special leave called sporting leave (congé sportif) is established, which is covered by the State within the limits of available budgetary appropriations.

Art. 15-1.

The following may benefit from sports leave (congé sportif):

  1. athletes likely to represent the Grand Duchy of Luxembourg (Grand-Duché de Luxembourg) in order to prepare for and participate in official international competitions forming part of one of the squads of the Luxembourg Olympic and Sporting Committee (Comité Olympique et Sportif Luxembourgeois - C.O.S.L.) or the Luxembourg Paralympic Committee (Luxembourg Paralympic Committee - L.P.C.) or having an Olympic project, an Olympic qualification project, a perspective project, an elite project, or a paralympic project with the C.O.S.L. or the L.P.C., hereinafter referred to as a “specific project”, or forming part of an individual national selection or senior teams of an authorized sports federation (fédération sportive agréée) governing a competitive sport;
  2. athletes licensed with a club affiliated with an authorized sports federation with a view to preparing for and participating in official international club competitions organized by the competent international federations or with their cooperation;
  3. athletes other than those referred to in points 1. and 2., holding a license with an authorized sports federation participating in an official international competition and having the joint agreement of the C.O.S.L. or the L.P.C. and the minister responsible for Sports (ministre ayant les Sports dans ses attributions);
  4. judges and referees selected by the competent international sports federation, in order to participate in international competitions or take part in international training courses duly authorized by the respective authorized sports federations;
  5. administrative executives (cadres administratifs), members of the administrative body of an authorized sports federation, an affiliated club, the C.O.S.L., or the L.P.C., to: a) handle the day-to-day management of the organization; b) participate in international meetings of the statutory bodies, commissions, or working groups of international sports federations and the Olympic or Paralympic movement; c) participate in training courses organized at the international level duly authorized by the competent body;
  6. natural persons designated by an authorized sports federation, an affiliated club, the C.O.S.L., or the L.P.C. to accompany athletes to official international competitions organized by the competent international federations or to preparatory training camps;
  7. voluntary natural persons designated by an authorized sports federation, an affiliated club, the C.O.S.L., or the L.P.C. to participate in the organization of international sports events recognized by international sports federations taking place in the Grand Duchy of Luxembourg;
  8. technical staff (cadres techniques) designated by an authorized sports federation, an affiliated club, the C.O.S.L., or the L.P.C. to accompany athletes to official international competitions organized by the competent international federations, to preparatory training camps, or to participate in training courses organized at the international level duly authorized by the competent body;
  9. participants taking part in training organized by the National School of Physical Education and Sports (École nationale d’éducation physique et des sports) or another training course recognized by the minister responsible for Sports.

By athletes having an Olympic project, an Olympic qualification project, a perspective project, an elite project, or a paralympic project, are meant athletes who demonstrate a potential for progression and an individual project and who are selected as such by the C.O.S.L. or the L.P.C.

By administrative executives, are meant natural persons who are responsible for the management or direction, or who contribute to the management or direction, on an administrative level, of authorized sports federations, their affiliated clubs, the C.O.S.L., and the L.P.C.

By technical staff, are meant natural persons who are responsible for the technical supervision of athletes at the level of authorized sports federations, their affiliated clubs, the C.O.S.L., and the L.P.C.

Art. 15-2.

To be eligible for sports leave, the beneficiary must be continuously affiliated in the Grand Duchy of Luxembourg under Article 1 of the Social Security Code (Code de la sécurité sociale) for at least six months preceding the date of the application for admission to the benefit of sports leave.

Sports leave is reserved for non-professional athletes, technical staff, judges, and referees licensed to an authorized sports federation, and to persons who perform their function within an authorized Luxembourg sports federation, an affiliated club, the C.O.S.L., or the L.P.C. in a non-professional capacity.

The number of athletes eligible for sports leave for the preparation for and participation in official international competitions is limited to the maximum number of athletes authorized, including substitutes, according to the international regulations in force.

On the occasion of preparing for or participating in international competitions, the number of support staff members who can benefit from sports leave may not exceed:

  1. five people for a group of at most ten athletes;
  2. six people for a group of eleven or more athletes.

Art. 15-3.

(1) The maximum annual duration of sports leave (congé sportif) to which the beneficiary is entitled is limited to:

  1. ninety days for athletes having an Olympic, Olympic qualification, or Paralympic project with the C.O.S.L. or the L.P.C.;
  2. sixty days for a technical staff member (cadre technique) supervising the athlete having an Olympic, Olympic qualification, or Paralympic project;
  3. sixty days for athletes having a perspective or elite project with the C.O.S.L. or the L.P.C.;
  4. forty days for a technical staff member supervising the athlete having a perspective or elite project with the C.O.S.L. or the L.P.C.;
  5. thirty days for athletes forming part of the elite squad (cadre d’élite) of the C.O.S.L. or the L.P.C. and not having a specific project;
  6. twenty days for a technical staff member supervising the athlete forming part of the elite squad of the C.O.S.L. or the L.P.C. and not having a specific project;
  7. twenty days for athletes forming part of the development squad (cadre de promotion) of the C.O.S.L. or the L.P.C. and not having a specific project;
  8. twelve days for a technical staff member supervising the athlete forming part of the development squad of the C.O.S.L. or the L.P.C. and not having a specific project;
  9. twenty-five days for athletes forming part of an individual national selection or senior teams of an approved sports federation (fédération sportive agréée) governing a competitive sport;
  10. twelve days for athletes as defined in Article 15-1, paragraph 1, point 2;
  11. six days for athletes as defined in Article 15-1, paragraph 1, point 3;
  12. twenty-five days for judges and referees as defined in Article 15-1, paragraph 1, point 4;
  13. twelve days for natural persons designated by an approved sports federation, the C.O.S.L. or the L.P.C., as defined in Article 15-1, paragraph 1, point 6;
  14. six days for natural persons designated by a club affiliated (club affilié) with an approved sports federation, as defined in Article 15-1, paragraph 1, point 6;
  15. fifty days per organization for natural persons designated by an approved sports federation, the C.O.S.L. or the L.P.C., as defined in Article 15-1, paragraph 1, point 7;
  16. ten days per club affiliated with an approved sports federation for natural persons designated by the club, as defined in Article 15-1, paragraph 1, point 7;
  17. twenty-five days for technical staff members designated by an approved sports federation, the C.O.S.L. or the L.P.C., as defined in Article 15-1, paragraph 1, point 8;
  18. ten days for technical staff members designated by a club affiliated with an approved sports federation, as defined in Article 15-1, paragraph 1, point 8;
  19. five days for participants in a training course as defined in Article 15-1, paragraph 1, point 9.

The annual duration of sports leave is prorated according to the degree of employment and the annual working time.

The annual duration of sports leave is also prorated with effect from the first day of the month following the start of the criterion that opened the right to the leave in question.

(2) For administrative staff members (cadres administratifs), members of the administrative body of an approved sports federation, the maximum annual duration of sports leave per approved sports federation is limited to:

  1. five days for an approved sports federation having fewer than one thousand competition licenses;
  2. ten days for an approved sports federation having between one thousand and five thousand competition licenses;
  3. fifteen days for an approved sports federation having more than five thousand competition licenses.

For administrative staff members, members of the administrative body of an affiliated club, the maximum annual duration of sports leave per affiliated club is limited to:

  1. two days for an affiliated club having fewer than fifty competition licenses;
  2. four days for an affiliated club having between fifty and two hundred competition licenses;
  3. six days for a club having more than two hundred competition licenses.

The number of competition licenses is determined on January 1st of each year on the basis of statements certified by the approved sports federations.

For administrative staff members, members of the administrative body of an approved sports federation that does not have competition licenses, the maximum annual duration of sports leave per approved sports federation is fixed at two days.

For administrative staff members, members of the administrative body of an affiliated club that does not have competition licenses, the maximum annual duration of sports leave per affiliated club is fixed at two days.

For administrative staff members, members of the administrative body of the C.O.S.L. and the L.P.C., the maximum annual duration of sports leave is limited to five days per organization.

For administrative staff members, the respective administrative body determines the duration of sports leave per beneficiary and issues them a pre-established certificate bearing the date of issue and providing information on the number of sports leave days allocated. A copy of this certificate is to be sent by the respective organization to the minister responsible for Sports and by the beneficiary to their employer, as a supporting document (titre justificatif).

(3) The duration of sports leave is treated as a period of actual work (période de travail effectif). During this time, the provisions relating to social security and worker protection remain applicable.

The duration of sports leave may not be deducted from the annual leave as established by law or by a special agreement.

Except with the agreement of the employer, sports leave may not be combined with a period of annual leave in the event that this would result in a continuous absence exceeding the total duration of annual leave owed.

Sports leave may be taken in fractions. Each fraction must consist of at least four hours. Annual sports leave cannot be carried over from one calendar year to the next.

The cumulative duration of the different categories of sports leave per beneficiary is limited to a maximum of forty days per year, with the exception of athletes having a specific project, as well as their technical staff members, for whom the duration of sports leave may not exceed the number of days as defined in Article 15-3, paragraph 1.

Sports leave may be refused by the employer if the employee’s absence resulting from the requested leave risks having a major detrimental impact on the operation of the enterprise, the smooth functioning of the administration or public service, or the harmonious scheduling of paid annual leave for other staff members.

For the calculation of the number of days, only working days (jours ouvrés) are taken into account.

Art. 15-4.

Applications for the granting of sports leave must be submitted by the approved sports federation (fédération sportive agréée), the affiliated club, the C.O.S.L. or the L.P.C. on a pre-established form one month before the date of the event for which the sports leave is requested, unless the element triggering the right to the leave occurs less than one month before the date of the event.

Applications relating to Article 15-3, paragraph 1, must be favorably endorsed by the employer.

For the administrative executives referred to in Article 15-3, paragraph 2, the right to sports leave begins on the first day of the month following the date of issue of the aforementioned certificate and ends on the day of the cessation of the mandate as a member of the administrative body.

The minister responsible for Sports accepts or rejects the application based on compliance with the aforementioned criteria and fixes, where applicable, the duration of the sports leave according to the maximums provided for by law, and informs the applicant and the employer in writing before the start of the requested leave.

Art. 15-5.

In the public sector, beneficiaries of sports leave continue, for the duration of the sports leave, to receive their remuneration and to enjoy the rights attached to their position.

The public sector covers the State, the municipalities, the syndicates of municipalities, public establishments and services placed under the supervision of the State or the municipalities, parastatal organizations as well as the National Railway Company.

Beneficiaries of sports leave who do not belong to the public sector continue, for the duration of the sports leave, to receive their remuneration and to enjoy the rights attached to their position. Their employers are reimbursed, per day of sports leave granted, a compensatory allowance, capped at four times the minimum social wage for unskilled workers.

A compensatory allowance is granted to beneficiaries of sports leave who are under sixty-five years of age and exercising an independent professional activity. The amount of this allowance is determined on the basis of the income that served as the contribution base for pension insurance for the last contributory financial year, without being able to exceed four times the minimum social wage for unskilled workers.

The employer’s request for reimbursement and the request for compensation of the person exercising an independent professional activity are made on the basis of a declaration to be presented to the minister responsible for Sports no later than February 1st of the year following the granting of the sports leave. Failing presentation of the declaration by this date, the right to the reimbursement or compensation in question is forfeited.

The employer receives from the State the amount of the gross remuneration and the employer’s share of social security contributions.

The payment of the compensatory allowance is subject to the presentation of a pre-established certificate, duly attested by the approved sports federation, the affiliated club, the C.O.S.L. or the L.P.C., thereby certifying the actual participation of the sports leave beneficiary in the event that triggered the right to said leave.

Art. 15-6.

The minister responsible for Sports acts as the data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Art. 15-7.

The administrative procedure to be followed for the granting of sports leave is determined by grand-ducal regulation (règlement grand-ducal).

Chapter 6: Sporting ethics

Art. 16. The fight against doping

Alongside the sports movement and through a representative body at the national level, the State is committed to the fight against doping in sport.

The doping substances and methods referred to in this article are those appearing on the prohibited list included in the annex to the International Convention against Doping in Sport, done at Paris, on 18 November 2005, approved by the law of 24 November 2006, as this list is updated and published by the World Anti-Doping Agency in accordance with the procedures provided for in Article 4 of the World Anti-Doping Code.

Without prejudice to disciplinary penalties imposed respectively by the competent national and international sports bodies, the following shall be punished by imprisonment of eight days to three years and a fine of 1,250 to 50,000 € or by only one of these penalties:

  1. those who, with a view to use by others, have transported, possessed, or acquired doping substances, as well as those who have imported, exported, manufactured, sold, offered for sale, or supplied, even free of charge, doping substances, knowing that they were or were to be used for doping purposes in sport;
  2. physicians who have prescribed a medicinal product containing a doping substance, knowing that it was or was to be used for doping purposes in sport;
  3. those who have administered to athletes, for doping purposes, the substances referred to in paragraph 2 or who have applied doping methods to them, as well as those who have facilitated the use of these doping substances or doping methods or have incited their use for doping purposes in sport.

The maximum penalties provided for in the preceding paragraph shall be increased to five years of imprisonment and 75,000 € when the acts are committed against a minor.

Infractions of the provisions of this article shall be investigated and established by members of the Grand-Ducal Police (police grand-ducale) and the Judicial Police (police judiciaire), as well as by customs officers (agents des douanes) who are vested for this purpose with the powers defined in Articles 2 and 3 of the Law of 19 February 1973 concerning the sale of medicinal substances and the fight against drug addiction.

Sanctions to be taken at the sporting level in the event of positive tests shall be the responsibility of the competent national and international bodies respectively.

Art. 17. Sports disputes

Pursuant to the statutes or regulations of the federations and of the Luxembourg Olympic and Sporting Committee (Comité Olympique et Sportif Luxembourgeois - C.O.S.L.) or of a specific agreement, disputes between a federation, club, or license holder (licencié) shall, after exhaustion of federal remedies and unless ordinary courts are seized, be settled by an arbitration body set up by the C.O.S.L..

Art. 18. Violence around sport

Public authorities, the sports movement, and owners of sports facilities shall collaborate to maintain order in sports venues and prevent acts of violence, racism, and xenophobia directed against sports participants or groups of spectators.

Chapter 7: Miscellaneous provisions

Art. 19. The contract of the compensated coach and athlete

  1. Article 3 of the amended law of June 7, 1937, concerning the reform of the law of October 31, 1919, providing for the legal regulation of the contract of service of private employees is supplemented by a paragraph 3 with the following content:

" By way of derogation from the preceding paragraphs 1 and 2, those who exercise an activity as a coach or athlete in execution of a contract they conclude with an approved federation (fédération agréée) or an affiliated club (club affilié), when this activity takes place under the following two cumulative circumstances, are not to be considered as private employees:

– the activity in question is not exercised on a principal and regular basis

and

– the compensation paid in execution of the contract does not exceed per year the amount corresponding to twelve times the monthly minimum social wage (salaire social minimum) for skilled workers.

The contracts referred to are not governed by the regulations on salaried work. "

  1. By way of derogation from Articles 5 and 9 of the amended law of May 24, 1989 on the employment contract, fixed-term employment contracts may be concluded between a federation or a sports club on the one hand and a coach or an athlete on the other. These contracts may be concluded for a duration of more than 24 months and may be renewed more than twice, without being considered as open-ended employment contracts.

Art. 20. The protection of sports emblems and insignia

To be protected, Olympic emblems and insignia, as well as those of approved federations, must comply with the legislation on designs and models.

Art. 21. Sports certificates and distinctions

A national order, the medal of sporting merit (médaille du mérite sportif), may be awarded to any person who has rendered eminent and constant services to the cause of sport under the conditions set by Grand-Ducal regulation (règlement grand-ducal).

With the aim of propagating the practice of sports, national sports certificates (brevets sportifs nationaux) are awarded to all persons who meet the conditions set by Grand-Ducal regulation.

Art. 22. Special and additional provisions

In application of Article 14, point 6) of this Law, the Social Insurance Code (code des assurances sociales) is amended as follows:

Article 1, paragraph 1 is supplemented by a point 19 worded as follows:

«19) elite athletes (sportifs d’élite) who participate in elite activities within the framework of the Law of 3 August 2005 concerning sport».

  1. Article 32, eighth indent (tiret), is worded as follows:

«to the State as regards the insured persons (assurés) referred to in Article 1 under 13), 15), 16), 17) and 19) as well as pupils and students under thirty years of age, insured pursuant to Article 1 under 14) or having taken out voluntary insurance pursuant to Article 2 and having only resources lower than the guaranteed minimum income (revenu minimum garanti) for a single person, as defined by the Law of 29 April 1999 creating a right to a guaranteed minimum income».

  1. Article 85, paragraph 1, is supplemented by a point 11 worded as follows:

«11) athletes (sportifs) who participate in elite activities within the framework of the Law of 3 August 2005 concerning sport».

  1. Article 171, paragraph 1, is supplemented by a point 18) having the following content:

«18) periods during which the person concerned (l’intéressé) has an elite sports activity in accordance with the Law of 3 August 2005 concerning sport».

  1. Article 240 is supplemented by a point 13 having the following content:

«13) to the State insofar as they concern periods provided for in Article 171, 18) up to the limit of the minimum social wage (salaire social minimum)».

  1. Article 250, paragraph 2, is worded as follows:

«The old-age and invalidity insurance institution (établissement d’assurance contre la vieillesse et l’invalidité) is competent for persons affiliated in respect of the periods referred to in Article 171, 1), 4), 5), 8), 9), 10), 15) and 18) unless the management thereof is assigned to the private employees’ pension fund (caisse de pension des employés privés)».

Art. 23. Repealing and final provisions

The Law of 26 March 1976 concerning physical education and sport, as subsequently amended, is repealed.

Insofar as they are not contrary to the provisions of this Law, existing regulations adopted in implementation of the amended Law of 26 March 1976 concerning physical education and sport shall remain in force until the publication of any regulations adopted in implementation of this Law.

In any future statutory or regulatory provision, reference to this Law may be made in abbreviated form using the terms “Law of 3 August 2005 concerning sport”.

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