IN THE SPOTLIGHT
Judgment Semenya c. Suisse
VIOLATION OF INTERNATIONAL ATHLETE'S RIGHT TO A FAIR HEARING ON ACCOUNT OF SWISS FEDERAL TRIBUNAL'S LIMITED REVIEW OF A CAS ARBITRAL AWARD RELATING TO A SET OF WORLD ATHLETICS REGULATIONS
The Court found, by 15 votes to 2, that Switzerland violated Ms. Semenya's right to a fair trial (Article 6 § 1 ECHR) because the Swiss Federal Tribunal failed to conduct a sufficiently rigorous review of the arbitral award from the Court of Arbitration for Sport (CAS).
The ECtHR highlighted the structural imbalance between athletes and sports governing bodies, stressing the need for particularly robust judicial review when fundamental rights are at stake in mandatory sports arbitration.
The Court declared the other complaints (about discrimination, privacy, and lack of an effective remedy) inadmissible, finding the athlete did not fall within Switzerland's jurisdiction in respect of these complaints.
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PUBLICATIONS
SLPC 2024
ISBN 978-88-943373-7-2
FLYER
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TEASER
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ORDER FORM
Rivista di Diritto ed Economia dello Sport 2025
ATHLETE INVESTMENT CONTRACTS, UNCONSCIONABILITY, AND CONSUMER PROTECTION:
AN EU-US COMPARATIVE ANALYSIS BETWEEN THE ARCE CASE AND BIG LEAGUE ADVANCE (BLA) MODEL
by Stefano Bastianon and Michele Colucci
AVAILABLE IN OPEN ACCESS
Full Professor of European Union Law at the University of Bergamo
(Italy), CAS Arbitrator and member of the “Collegio di Garanzia dello Sport del CONI” (Italian
highest Sports Court of the Italian Olympic Committee). He is an Attorney-at-law and co-founder
of the Law Firm Bastianon-Garavaglia in Busto Arsizio (Italy). He is a member of the Steering
Committee of the Rivista di Diritto Sportivo and the Scientific Committee of the Rivista di Diritto
ed Economia dello Sport.
Honorary President of the Italian Association of Sports Lawyers (AIAS).
The Opinions expressed are those of the author and do not represent the position of any affiliated institution and association.
Abstract
This article explores the legal and ethical implications of long-term commercial contracts involving young athletes, focusing on the recent Arce judgment of the Court of Justice of the European Union. The ruling significantly advances the application of EU Directive 93/13 on unfair terms in consumers contracts within the sports ecosystem, particularly regarding the classification of “raising star” athletes as consumers and the fairness of long-term remuneration clauses. Emphasising clarity, transparency, and good faith, the Court of Justice sets important criteria for assessing such agreements, especially when minors are involved. The analysis covers the U.S. context, assessing similar investment models and the so-called Name, Image and Likeness (NIL)-based deals, with attention to the Big League Advance business model and related litigation. These cases highlight regulatory gaps on both sides of the Atlantic concerning third-party control over athlete careers. The Authors advocate for harmonised safeguards and oversight to ensure that these contracts are appropriate to support the sports development of athletes, legally sound, and ethically justifiable..
Keywords
Sport – Minors – Consumer Protection – Career Development Scheme.
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