INTERNATIONAL CASE LAW REVIEW
by Luca Pastore
Italian qualified lawyer, of Counsel at Lombardi Associates, Edinburgh (UK). E-email: firstname.lastname@example.org
Swiss Federal Tribunal
- Football: Swiss Federal Tribunal upheld the sanctions imposed by FIFA on Belgium club RFC Seraing for violation of TPO rules (Swiss Federal Tribunal 4A_260/2017)
The Swiss Federal Tribunal confirmed the stance of FIFA and CAS on Third Party Ownership (TPO). The decision was reached as a result of detailed analysis of the relationship between FIFA and CAS, and after deep scrutiny of FIFA's regulatory provisions prohibiting TPO.
- Football: CAS jurisdiction over cases concerning players’ agents (Swiss Federal Tribunal 4A_432/2017)
The Swiss Federal Tribunal annulled a CAS award issued in a case concerning a players’ agent, ruling that CAS had no competence since the dispute resolution clause did not show the required degree of certainty to establish consent to arbitrate.
The clause in the specific case gave jurisdiction to national (Dispute Settlement Body of the Argentine Football Association) and international bodies of associations (Players' Status Committee of the FIFA), but not explicitly to CAS.
CAS’ jurisdiction over cases concerning players’ agents has been a debated topic since the introduction of the FIFA Regulations on Working with Intermediaries and the 2015 edition of the FIFA Rules Governing the Procedures of the Player Status Committee and Dispute Resolution Chamber, which do not consider players’ agents to be members of FIFA.
COURT FOR ARBITRATION FOR SPORT
- Equitation: CAS ruled in favour of the FEI’s policy of two-month equine provisional suspensions in banned substance cases (CAS 2017/A/5114)
CAS upheld FEI’s policy of imposing 2 month provisional suspensions on horses that test positive for banned substances under Equine Anti-Doping Regulations.
The award was issued at the end of the appeal proceedings initiated by the American dressage athletes Adrienne Lyle and Kaitlin Blythe.
- Football: the temporary transfer of a player does not break the chain of the training period for the purposes of calculating training compensation (CAS 2017/A/5090)
CAS confirmed FIFA’s position, according to which in order to calculate the training compensation payable pursuant to art. 3, par. 1, last phrase of Annex 4 to the FIFA Regulation on the Status and Transfer of Players, the transfer of a player on a temporary basis does not interrupt the relevant training period: in such cases, a third club that registers a player on loan is entitled to training compensation calculated pro-rata.
- Football: UEFA jurisprudence review (Case Law)
UEFA published a review of the disciplinary decisions issued between July 2017 and December 2017 by the UEFA Control, Ethics and Disciplinary Body, the UEFA Appeals
Body, and the Club Financial Control Body Adjudicatory Chamber. Among the topics covered by these decisions: doping, supporters’ misconduct, overdue payables and admissibility to competitions.
- Football: Turkish club sanctioned with registration ban for overdue payables (FIFA media release)
The Turkish club Trabzonspor was sanctioned on the basis of art. 12bis par. 4d of the FIFA Regulations on the Status and Transfer of Players with a ban from registering new players for one entire registration period.
- Football: civil liability for sports event organisers (Tribunal Supremo de Madrid - Sentencia núm. 122/2018)
The Supreme Court of Madrid rejected a claim for compensation lodged against Real Zaragoza SAD by a supporter who suffered physical injury following the impact of a ball launched into the stands from the pitch during a match.
The Court noted that spectators attending a sporting event accept the risks associated with the event itself. Among these risks there is the possibility that, during a football match, a ball thrown towards the stands could hit those who attend the match.
On 22 March 2018 the European Commission has published a report on the developments of transfer market.
The aim of this report is to analyse the developments of the transfer market since 2013 in terms of main economic trends and legal evolution. The study was commissioned in October 2017 by the Directorate-General for Education, Youth, Sport and Culture (DG EAC) of the European Commission and undertaken by KEA, supported by Ecorys.
The transfer of players is a relatively unique and complex economic and legal construct, because of the difficulties in distinguishing between sporting and economic matters. In fact, while sporting rules and regulations are designed to preserve fairness in the competition, the volume and level of transfer amounts (especially in the football market) have significant economic consequences on sports clubs. In this sense, the study firstly and foremost takes into account the legal framework provided by the EU in addressing the peculiarity and the dual nature of transfers: a way to maintain fair and balanced competition, as well as an economic activity. Under EU law, the transfer system is justified by the specificity of sport, as set out in the 2007 White Paper on Sport, which substantially recognizes that the transfer of players between clubs plays an important role in the functioning of team sports. This is particularly relevant in a
context of sharp growth of the transfer market in the last decade.
INTERNATIONAL ARBITRATION IN SPORT:
THE LATEST DEVELOPMENT ON SPORTS LAW
Milan, 8-9 June 2018
6th AIAF Annual Congress on 18-19 September 2018:
Footballer's contracts - Making them and Breaking them
Lausanne, 18-19 September 2018
INTERNATIONAL ENCYCLOPAEDIA OF SPORTS LAW
Edited by M. Colucci
The International Encyclopaedia of Sports Law deals with international and national sports law.
Following the same table of contents, the Encyclopaedia is composed of 33 national monographs (see flyer).
An introductory part may precede each section. For each level of jurisdiction, a further distinction will be made between public regulation (laws and regulation from governmental authorities) and private regulation (regulation and by-laws from sports organisations, like IOC, FIFA, UEFA, etc.)
Editor - Authors -
Published monographs -
FOOTBALL COACH-RELATED DISPUTES
A Critical Analysis of the relevant CAS awards and
FIFA Players' Status Committee decisions
Josep F. Vandellós Alamilla
Michele Colucci (ed.)
International Sports Law and Policy Bulletin 1/2018
ISBN 978-88-940689-8-6 (March 2018)
DISCIPLINARY PROCEDURES IN FOOTBALL
AN INTERNATIONAL AND COMPARATIVE ANALYSIS
Marc Cavaliero and Michele Colucci (eds.)
International Sports Law and Policy Bulletin 1/2017
ISBN 978-88-940689-7-9 (October 2017)
THE FIFA REGULATIONS ON WORKING WITH
IMPLEMENTATION AT NATIONAL LEVEL
Michele Colucci (ed.)
International Sports Law and Policy Bulletin 1/2016
ISBN 978-88-940689-6-2 (December 2016)
PRESS RELEASE -
BOOK REVIEW (I Edition) -
COMPARATIVE TABLE (updated on 3.12.2017)