In the spotlight
SLPC – LawInSport Survey on COVID-19 and its impact on Football
Edited by Michele Colucci, Alessandro Coni, Sean Cottrell and Rustam Sethna
Version 3.0 (7 June 2020)
The impact of COVID-19 on procedures in Sport Disputes Resolution
First Report 12 June 2020
by LawinSport.com - Published on 12 June 2020
The Sports Law and Policy Centre is pleased to announce the publication of
TRANSFERS OF FOOTBALL PLAYERS
A practical approach to implementing FIFA rules
Michele Colucci and Ornella Desirée Bellia (eds.)
International Sports Law and Policy Bulletin 1/2020
ISBN 978-88-940689-9-3 (April 2020, 908 pages)
This book is updated with the latest amendments to the FIFA Regulations on the Status and Transfer of Players
published in March 2020.
International Case Law Review
by Luca Pastore
Italian qualified lawyer, of Counsel at Lombardi Associates, Edinburgh (UK)
COURT OF ARBITRATION FOR SPORT
- CAS dismissed the appeal filed by Yverdon Sport and Rapperswil-Jona
(CAS Media Release)
CAS dismissed the appeals filed by two third-division Swiss clubs, Yverdon Sport and Rapperswil-Jona, against the decision taken by the Swiss Football Association to cancel the Promotion League due to coronavirus concerns. Both clubs wanted to complete the 2019-2020 Promotion League season.
- Athletics: the CAS dismissed the appeal filed by Bralon Taplin
(CAS Media Release)
The Court of Arbitration for Sport has dismissed the appeal filed by the Grenadian sprinter Bralon Taplin against the decision issued by the Caribbean Regional AntiDoping Organization (Caribbean RADO) on 8 November 2019 in which a four-year period of ineligibility was imposed on him. The Sole Arbitrator was comfortably satisfied that the athlete was guilty of the offence of evading sample collection and confirmed the four-year period of ineligibility.
- FFP: Olympique de Marseille sanctioned for breaching the UEFA Financial Fair Play
(UEFA Media Release)
The Adjudicatory Chamber of the UEFA Club Financial Control Body (CFCB) confirmed that French club Olympique de Marseille failed to respect the settlement agreement concluded on June 2019. Accordingly, the club was fined EUR 3 million and 15% of any future revenues that it would be entitled to receive from eventually taking part in UEFA club competitions during the 2020-2021 and 2021-2022 football seasons will be withheld. Additionally, the French club would also be limited to registering 23 players in UEFA Club Competitions until the 2022-2023 football season.
- FFP: Trabzonspor AS excluded from one UEFA club competition in the 2020/21 and 2021/22 seasons
(UEFA Media Release)
On 5 July 2019, the Adjudicatory Chamber of the UEFA Club Financial Control Body (CFCB) ascertained that the Turkish club Trabzonspor AS failed to comply with the settlement agreement entered into on 20 May 2016. As a result, the club was sanctioned with exclusion from participating in one UEFA club competition for which it would otherwise qualify in the 2020/21 and 2021/22 seasons. Such sanction was subject to the club meeting certain financial conditions in the 2019 financial year.
Having ascertained that the club failed to comply also with the conditions provided by the conditional sanction imposed on 5 July 2019, the CFCB confirmed the effectiveness of the sanction.
- BAT jurisprudence: new awards
New awards have been published by the ?Basketball Arbitral Tribunal.
TENNIS INTEGRITY UNIT
- Match-fixing: Majed Kilani sanctioned for match-fixing and associated corruption charges
(TU Media Release)
Tunisian tennis player Majed Kilani, currently ranked 804th in the ATP singles rankings, has received a seven years suspension and a USD 7,000 fine after being found guilty of match-fixing charges.
- Corruption: Venezuelan match official suspended and fined for corruption offences
(TU Media Release)
Venezuelan match official Armando Alfonso Belardi Gonzalez havs been suspended for two years and six months and fined USD5,000 for committing breaches of the Tennis Anti-Corruption Program (TACP).
- Football: Neymar Jr ordered to pay Barcelona 6.7 million euros as case against club dismissed
The Jutjat Social issued a decision in the case initiated by Neymar Jr against his former club FC Barcelona for allegedly unpaid bonuses amounting to EUR43.6million. The ruling has dismissed the player's claim and has partially upheld the defence presented by FC Barcelona, as a result of which the player must return EUR6.7million to the club.
RULES AND REGULATIONS
- Football: Concacaf League postponed due to coronavirus pandemic
On 23 June 2020, the Caribbean, North, and Central American football's governing body announced that the 2020 edition of the Concacaf League, which was scheduled to begin on July 28 2020, will be postponed due to the COVID-19 outbreak.
- Football: FIFA publishes the July 2020 edition of its Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(FIFA Rules – June 20)
FIFA published the new edition of the "Rules Governing the Procedures of the Players' Status Committee and the Dispute Resolution Chamber".
- Football: FIFA publishes the June 2020 edition of the FIFA RSTP
(FIFA RSPT – June 20)
FIFA published the new edition of the "FIFA Regulations on the Status and Transfer of Players", which provides temporary amendements aimed at tackling the COVID-19 emergency.
- Doping: WADA published the final version of the 2021 WADA Code
(2021 WADA Code)
The World Anti-Doping Agency (WADA) published the final versions of 2021 World Anti-Doping Code and International Standards, which will come into force on 1st January 2021.
- Football: five substitutes option temporarily allowed for competition organisers
(FIFA Media Release)
The IFAB approved FIFA's proposal to introduce a temporary amendment to the Laws of the Game allowing for a maximum of 5 substitutes. The temporary amendment comes into force with immediate effect and applies to competitions which have either started or are intended to start, but are scheduled to be completed by 31 December 2020. To avoid disruption to the game, each team will still only have 3 opportunities to make substitutions.
- Football: the FIGC Federal Council approved the measures to be taken in order to end the season, in case of a new outbreak of the pandemic
The FIGC Federal Council approved the measures to be adopted if it won't be possible to play all the remaining matches of the season because of a new outbreak of the pandemic.
In particular, the Federal Council decided that firstly a play-off and play-out will take place and, in case of a further stop of the competitions, the final rankings will be defined by applying a corrective criterion (average points weighted home-away) to the table existing at the time of the new stop - with relegations but without assigning the Scudetto.
- Covid-19: CONI gathered up the Covid-19 guidelines provided by each sporting National Federation
The Italian Olympic Committee madde available on its website the guidelines developed by each National Federation in order to tackle the Covid-19 emergency.
- Basketball: Italian Serie A and Serie A2 leagues will not resume the 2019/2020 season
The Federal Council of the Italian Legabasket established the end of the 2019/2020 sporting season of the Serie A and Serie A2 championships. The Federal Council also decided not to assign the champion titles for the Serie A and A2 and that there should be no promotion in the Serie A league and no promotion and relegation in the Serie A2 league.
- Sports: professional sporting competitions are resuming as from 10 June 2020
The Comité de Operaciones Especiales announced that professional sports in Ecuador can resume their activities as from 10 June 2020, whereas competitions are likely to restart in the middle of July. Activities had been suspended due to the coronavirus pandemic.
- Golf: Irish Government announced the reopening of golf courses
The Irish Government confirmed that golf courses can reopen for play on a restricted basis in the first phase of the roadmap for the easing of Covid-19 restrictions.
- Football: the MFA abolished transfer fees for out-of-contract players
The Maltese Football Association (MFA) abolished transfer fees for out-of-contract players, previously established through a transfer parameters system.
- Football: the RFEF published the 2020 edition of its Statutes
(RFEF Statutes -2020 ed)
On 9 June 2020, the Real Federación Española de Fútbol published the May 2020 edition of its Statutes.
- Sport events: Royal Law Decree provides measures to get fans back into stadia
(Royal Law Decree)
On 9 June 2020, the Council of Ministers published a Royal Law Decree that outlines the strategy for the return to a phase closer to normality after the lockdown due to COVID-19 outbreak. Among other measures, the attendance of spectators at sports events will be permitted provided that several strict measures are in place, including social distancing, crowd control, and enhanced hygiene and cleaning practices
DOCUMENTS AND REPORTS
- Football: CAF issued the "Recommendations for the development of football activity recovery plan"
The Confédération Africaine de Football (CAF) published its guidelines for a safe restart plan for football in the African continent following the COVID-19 outbreak.
- Football: FIFA issued the "COVID-19 FOOTBALL REGULATORY ISSUES – FAQs"
FIFA published the document "COVID-19 FOOTBALL REGULATORY ISSUES – FAQs" in order provides clarity on the most relevant questions raised by its guidelines issued on 7th April 2020.
- Football: ECA published the "Position paper on the impact of the COVID-19 crisis on the sport sector"
On 5 June 2020, the European Leagues signed the "Position paper on the impact of the COVID-19 crisis on the sports sector". The paper outlines the role and importance of Sport in the EU economy and presents measures for the development and promotion of sport in the EU during and following the Covid-19 crisis.
- Football: FIFA medical considerations and risk assessment tool
(FIFA Medical Report)
FIFA published its report titled "COVID-19: medical considerations for a return to footballing activities", which represent the outcome of the discussions held by the working group established by FIFA in order to outline key planning considerations for the organisers of footballing events in the context of the COVID-19 pandemic. A medical/scientific representative of each of the six confederations was invited to consider the risk assessments and critical factors required for football to resume safely.
- Football: KPMG Football Clubs' Valuation
KPMG issued its 5th edition of the report "Football Clubs' Valuation: The European Elite 2020", an analysis that provides an indication of the Enterprise Value of the most prominent 32 European football club as at 1 January 2020.
- Basketball: FIBA publishes Guidelines for the Return to Basketball
(FIBA Covid-19 restart guidelines)
FIBA published its guidelines on returning to basketball for National Federations that are seeking direction and advice on the restart of basketball activities and competition.
- CAS: emergency guidelines – 15 May 2020 edition
(CAS emergency guidelines)
The Court of Arbitration for Sport updated the emergency guidelines issued on 16 March 2020.
- Football: CIES released its Football Observatory Monthly Report
The CIES Football Observatory just published its 55th Monthly Report. The study analyses the contribution of national associations worldwide from the point of view of the production of professional players.
- Football: CFA published guidelines in relation to the COVID-19 emergency
The Chinese Football Association released domestic guidelines in relation to the COVID-19 emergency. Such guidelines are based on the principles enshrined in the FIFA "Covid-19 Football Regulatory Issues". In particular, the CFA advices clubs, players and coaches to reach friendly agreements aimed at reducing the salaries. CFA has defined as “reasonable” a deduction of 30% of the salaries, which might apply only as from 1 March 2020 – althought the Covid-19 crisis started in China in the end of December 2019.
- Rugby: World Rugby’s emergency guidelines
(COVID 19 - Return To Play Guidelines)
World Rugby published guidelines for the safe return to rugby activities in the context of the COVID-19 pandemic.
FREE ON-LINE TALKS AND WEBINARS
- FIFA - Football Law Annual Review 2019
- Colosseum - Global Sports Tech Talks
- Sports Law Institute - Impacto del COVID-19 en la Indústria del Futbol
- Sevilla FC - MONCHI 13 - Masterclass