The Court of Appeal rules in favor of Yannick Agnel in the commercial dispute between him and the Mulhouse club

The decision of the Colmar Court of Appeal, rendered on Friday, confirmed the judgment of first instance and ruled in favor of Yannick Agnel in the commercial dispute which opposed him to Mulhouse olympic swimming (MON), his club between 2014 and 2016. The dispute concerned the non-payment of the last year of the contract which bound the swimmer, 2012 Olympic champion in the 200m and 4x100m, and the MON, for an amount of 60,000 euros. The hearing took place on March 18 before the 2nd chamber of the Colmar Court of Appeal. The sum was paid at the end of the first trial, the judgment of which was rendered on July 7, 2020. This was a condition for the holding of the appeal trial.

In its judgment, the Court of Appeal notes that the end of career, announced by Yannick Agnel during the Rio Olympics in August 2016, when his contract with the club ran until December, did not prevent the club from solicit him or use his image. This retirement was therefore not likely to deprive the club of any consideration. “The judgment must therefore be approved in that it held that the proof of a breach by Mr. Agnel of his obligations was not reported any more than that of a faulty unilateral termination of the contract”, says the judgment. The MON is ordered to pay 2,000 euros to Yannick Agnel for legal costs.

“This decision is perfectly justified both in terms of the facts and the law”

Me Nicolas Mahassen, lawyer at the Paris Bar and counsel to Yannick Agnel

By confirming the perfectly reasoned judgment of the Mulhouse Judicial Court, the Colmar Court of Appeal puts an end to the unfounded disputes of the MON and restores Yannick Agnel in his rightsreacted Me Nicolas Mahassen, lawyer at the Paris Bar and counsel to Yannick Agnel. This decision is perfectly justified both in terms of the facts and the law.. »

The MON takes note and defers to the decision of the Court of Appeal “, indicates the lawyer of the Alsatian club, Me Dominique Riegel. It is unlikely that Mulhouse olympic swimming will appeal in cassation, the only possible remedy.

The existence of this commercial dispute had been highlighted during the placement in police custody and then the indictment, in particular for rape of a minor, of Yannick Agnel in December 2021; the alleged victim being the eldest daughter of Lionel Horter, the former trainer of Yannick Agnel. The public prosecutor of Mulhouse, Edwige Roux-Morizot, declared that there was ” no direct linkt” established between the two cases which are legally completely distinct. Since January 2020, an investigation has been opened into the management of Mulhouse Olympic Swimming, which has lost since January 1, 2022 the exclusive operation of the Mulhouse training center.

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