However, I do not see room to grant general declaratory remedies that relate to the general public engaged in the industry, such as the declaratory relief requested in section 13(c) of the statement of claim, according to which "... Anyone who has been involved in the sport of Brazilian Jiu-Jitsu... will be entitled to register as members of the defendant...", or the remedy specified in section 13(d) of the lawsuit that will obligate the defendant "... to respond to any request to join it in writing within 7 days, and to the extent that such a request is refused to give a full explanation."
When I am not correct that the plaintiffs should be regarded as a kind of "public petitioners" for these matters, and when it has not been proven that the defendant acted improperly in relation to the inquiries of anyone other than the plaintiffs.
It is hereby declared that the plaintiffs are entitled to be registered as members of the defendant. The defendant hereby orders that they be registered as members within 14 days from the date of receipt of the judgment, subject to the payment of the membership fees for that year.
- As to the plaintiff's claim, Mr. Glam, regarding the suspension penalty imposed on him -
Section 10 The Sports Law instructs:
“)a) An association or association shall promulgate bylaws regulating the proper management of the sport or of the sports that it is a center, including regulations regarding discipline, internal judgment, including the internal judicial institutions...
(b) In such regulations, provisions ... They shall also establish rules of professional ethics for sports referees, coaches, sports instructors and athletes, in accordance with the sports disciplines, as well as for officers as defined in the Companies Law, 5759-1999, in an association or association, as the case may be.
(c) The said regulations will be binding on the Sports Association, the athletes and the holder of positions in that sport or in those sports."
Hence, the association is obligated to prescribe in its bylaws (or in additional bylaws) provisions regarding discipline, the procedures for discussing disciplinary matters, and the determination of the institution before which these matters will be clarified. When such bylaws are determined, it binds the parties concerned, but in the absence of a bylaw, the question arises as to the source of the Association's authority to discuss allegations of disciplinary violations in the conduct of any of its members, and to impose penalties on it.