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In this issue:

IN THE SPOTLIGHT

Judgment of the Court of Justice in Case C-600/23 Royal Football Club Seraing

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Football: the Court affirms the right, for clubs and players in particular, to obtain effective judicial review of arbitral awards made by the Court of Arbitration for Sport

Press Release - Judgment - Opinion AG

The courts or tribunals of the Member States must be able to carry out an in-depth review of those awards for consistency with the fundamental rules of EU law

In the field of football, as in many other sports, the submission of disputes to arbitration is generally not freely accepted but unilaterally imposed on athletes and on clubs by international associations, such as the Fédération internationale de football association (FIFA). In those circumstances, it is essential that recourse to arbitration does not undermine the rights and freedoms that the fundamental rules of EU law guarantee athletes, clubs and, more broadly, any other person practising a professional sport or pursuing an economic activity linked to that sport. On those grounds, the Court of Justice rules today that the national courts or tribunals must be empowered to carry out, at the request of individuals or of the court’s or tribunal’s own motion, an in-depth judicial review as to whether arbitral awards made by the Court of Arbitration for Sport (the CAS) are consistent with EU public policy. Furthermore, if national legislation or rules of a sports association prevent the national courts or tribunals from exercising their powers, those courts or tribunals are required to disapply that legislation or those rules.

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SLPC 2024

ISBN 978-88-943373-7-2

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