Facts
The Swiss Motorcycle Federation (FMS) organizes a Swiss championship in various motorcycle disciplines each year. In 1988, the rider Kindle participated in the first four races of the championship in the 125 cm3 category, winning the first three events and finishing third in the fourth. He was then leading the provisional standings.
The next championship event, named "Lédenon III", was organized by the Norton-Club of Neuchâtel under the direction of its secretary Alain Frund. He decided to tighten the registration conditions, setting the final deadline on May 5 and removing any reference to a possible late admission upon payment of a supplement. On May 17, 1988, Kindle sent his registration along with the fee, but Frund refused his registration, as well as others, due to its lateness.
Considering himself a victim of discrimination, Kindle unsuccessfully appealed to the Road Racing Commission and the Sports Tribunal of the FMS. At the end of the season, the FMS proclaimed Dalessi as the Swiss champion in the category with 132 points, with Kindle finishing second with 129 points.
Kindle then brought the case before the Court of First Instance of Geneva to have the decision of the Sports Tribunal annulled and to obtain the cancellation of the "Lédenon III" race as well as the correction of the 1988 Swiss championship standings. His requests were rejected by the cantonal court and the Court of Justice.
Considerations
The Federal Tribunal dismissed Kindle's appeal.
Firstly, the action provided for in Art. 75 CC is of a cassatory nature and can only result in the annulment of the contested decision. Only the competent body of the association, bound by the considerations of the remand judgment, is empowered to make a new decision. However, in this case, Kindle did not exhaust the internal legal…