Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

The International Sports Law Digest – Issue II – July-December 2014

I. Literature


1. Antitrust/Competition Law and Sport

G Basnier, ‘Sports and competition law: the case of the salary cap in New Zealand rugby union’, (2014) 14 The International Sports Law Journal 3-4, p.155

R Craven, ‘Football and State aid: too important to fail?’ (2014) 14 The International Sports Law Journal 3-4, p.205

R Craven, ‘State Aid and Sports Stadiums: EU Sports Policy or Deference to Professional Football (2014) 35 European Competition Law Review Issue 9, 453


2. Intellectual Property Rights in Sports law / Betting rights/ Spectators’ rights/ Sponsorship Agreements

Books

W T Champion and K DWillis, Intellectual property law in the sports and entertainment industries (Santa Barbara, California; Denver, Colorado; Oxford, England: Praeger 2014)

J-M Marmayou and F Rizzo, Les contrats de sponsoring sportif (Lextenso éditions 2014) 


Articles

M Bambaci, ‘Algunas consideraciones sobre la inclusión de la liga Argentina de fútbol en los videojuegos. A propósito de la aparición de jugadores aficionados y la explotación comercial de su imagen’ (2014) Revista de Derecho del Deporte Número 8

A L Dias Pereira, ‘Media rights and online betting in football matches under Portuguese law’ (2014)14 The International Sports Law Journal 3-4, p.167

M M García Caba, ‘A propósito de la reciente jurisprudencia comunitaria sobre los derechos audiovisuales futbolísticos: ¿hacia una reinterpretación del interés general del fútbol Español?’ (2014), 511

D A Heitner and AWilmot, ‘Score a Touchdown, Kiss Your Tattoo, and Get Sued for Copyright Infringement?’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 299

S N Horner, ‘DMCA: Professional Sports Leagues' Answer to Protecting Their Broadcasting Rights Against Illegal Streaming’ (2014) 24 Marquette Sports Law Review Issue 2, 435

A Lelyukhin, ‘The European Court of Justice (ECJ) confirmed Member States’ discretion to determine free to view sporting events. Note on Case T-385/07, Fédération Internationale de Football Association (FIFA) v European Commission, Judgement of General Court (Seventh Chamber), 17 February 2011’ (2014) 6 Sport& EU Review Issue 2, 14 (Upcoming)

J T Wendt and P C Young, ‘Protecting spectator rights: reflections on the General Law of the Cup’ (2014) 14 The International Sports Law Journal 3-4, p.179


 3. Labour Law and Sport/Free movement law in Sport/Players’ Agents 

Books-Bulletins

M Colucci and F Hendrickx, ‘Regulating employment relationships in professional football’, Michele Colucci and Frank Hendrickx (eds.) European Sports Law and Policy Bulletin Issue 1-2014

S Weatherill, European sports law: collected papers (The Hague, The Netherlands: T.M.C. Asser Press 2014) 


Articles

A Brandt and others ‘An Inside Look at the World of Agents: Past Present, and Future: Panels 1 & 3’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 259

C Daugherty Rasnic and R Resch, ‘Missing the puck at the bargaining table: the 2012–2013 National Hockey League labor dispute with some comparisons to European law’ (2014) 14 The International Sports Law Journal 3-4, p.192 

S Davidson and M Štefko, ‘Institutionalised Exploitation of U.S. College Basketball and Football Players: A Case for Protection of Employees’ Rights’ (2014) (Forthcoming)

P Disseldorp, ‘De jeugd heeft de toekomst? Over de houdbaarheid van UEFA’s home grown player rule naar Europees recht’ (2014) Tijdschrift voor Sport & Recht (TvS&R) Issue 2

T Martin, ‘The case against strengthening the home grown player rule’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 51


4. Corruption in Sport 

E Barak and D Koolaard, ‘Match-fixing. The aftermath of Pobeda – what have the past four years brought us?’ (2014) TAS/CAS Bulletin 1/2014, 5

L Colantuoni, ‘Match-fixing in international sports: recent issues and TAS/CAS cases’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A Di Giandomenico, ‘Toward a European regulation on sports fraud? Legal criticalities’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

M Kudzai Chiweshe, ‘The problem with African football: Corruption and the (under development of the game on the continent’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 27

C Ordway, ‘Why this Australian supported Germany to win the World Cup’ (2014) 6 Sport& EU Review Issue 2, 6 (Upcoming)

J Tsabora, ‘Cleansing the game: mapping and tackling state-induced corruption trends in African football’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 13  


5. Doping

N Ayanda Majozi, ‘Doping, are there only a few good apples in the barrel?’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 41

A Duval, ‘Cocaine, doping and the court of arbitration for sport’ (December 2014) The International Sports Law Journal (available online)

A Nemes, ‘What did the Lance Armstrong case teach to the world’s doping controllers?’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A Olmeda and J  Rodriguez García, ‘El código mundial antidopaje 2015’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 289

E de La Rochefoucauld, ‘WADA Code Review Summary’ (2014) TAS/CAS Bulletin 1/2014, 36

J Viejo, ‘El caso de Marta Domínguez: el pasaporte biológico’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 247

J T Wendt, ‘Toward harmonization in anti-doping regulation in equestrian sport’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

E Atienza-Macias, ‘Doping and health protection: A review of the current situation in the Spanish legislation’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4


6. Human Rights in Sport

F Faut, ‘The prohibition of political statements by athletes and its consistency with Article 10 of the European Convention on Human Rights: speech is silver, silence is gold?’ (2014) 14 The International Sports Law Journal 3-4, p. 253

T Galaz, ‘Bargaining for the Next Gay Player: How Can Jason Collins Help to Develop the National Basketball Association into a More Inclusive Workplace?’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 461

J Liljeblad, ‘Foucault, justice, and athletes with prosthetics: the 2008 CAS Arbitration Report on Oscar Pistorius’ (December 2014)

M Noland and K Stahler, ‘What Goes into a Medal: Women's Inclusion and Success at the Olympic Games’ (2014) (Forthcoming)

O A Shevchenko, ‘Role of human rights and decent work in sports’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4 


7. Sports Arbitration and Alternative Dispute Resolution (ADR)

I Blackshaw, ‘Settling Sports Disputes by CAS Mediation’ (2014) TAS/CAS Bulletin 1/2014, 25

L Beffa and O Ducrey, ‘Review of the 2012 Case Law of the Swiss Federal Tribunal Concerning Sports Arbitration’ (2014) Causa Sport : die Sport-Zeitschrift für nationales und internationales Recht sowie für Wirtschaft Issue 1, 3

L Beffa and O Ducrey, ‘Review of the 2013 Case Law of the Swiss Federal Tribunal Concerning Sports Arbitration’ (2014) Causa Sport : die Sport-Zeitschrift für nationales und internationales Recht sowie für Wirtschaft Issue 3, 212

M Duthie, ‘Experience of a sports lawyer in mediation’ (2014) TAS/CAS Bulletin 1/2014, 31

M Grabowski, ‘Both Sides Win: Why Using Mediation Would Improve Pro Sports’ (2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 190

D Mavromati, ‘The Panel’s right to exclude evidence based on Article R57 para. 3 CAS Code: a limit to CAS’ full power of review?’ (2014) TAS/CAS Bulletin 1/2014, 48

G von Segesser, Schellenberg Wittmer, ‘Admitting illegally obtained evidence in CAS proceedings – Swiss Federal Supreme Court Shows Match-Fixing the Red Card’  Kluwer Arbitration Blog (17 October 2014) 


Book Reviews

A Duval, ‘The “Swiss Army Knife” of CAS arbitration’ (November 2014) The International Sports Law Journal (available online)


8. Lex Sportiva/ Sports Governance

B Barquero, ‘Fundamentos a favor de una postura amplia en torno a la operatividad del fuero de atracción en la Ley de Salvataje de Entidades Deportivas en Crisis’ (2014) Revista de Derecho del Deporte Número 8

A Brand, ‘Changes and Challenges of Sports Policy in Europe – Sport & EU Conference Report’ (2014) 6 Sport& EU Review Issue 2, 28 (Upcoming)

M E Boyd, ‘Riding the Bench – A Look at Sports Metaphors in Judicial Opinions’(2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 245

S Boyes, ‘Sports Law: Its History and Growth and the Development of Key Sources’ (2013) 21 Sport & Law Journal Issue 3

J de Dios Crespo and S Santorcuato, ‘The union of European football associations (“UEFA”) financial fair play’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 56

C Pérez González, ‘Crónica sobre cuestiones relativas al derecho internacional y de la Unión Europea del deporte.’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 549

N Grow, ‘Regulating Professional Sports Leagues’ (2015) 72 Washington and Lee Law Review (Forthcoming)

V Kapogianni, ‘The cornerstone of the frontierless sports law’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

T Meakin, ‘The evolving legal issues on Rugby Neuro-trauma’ (2013) 21 Sport & Law Journal Issue 3

D P Panagiotopoulos, ‘General principles of law in international sports activities and lex sportiva’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

I V Ponkin and A I Ponkina, ‘On correlation of lex sportiva and sports law’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A A Solovyev, ‘The sports laws systematization models’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

K Vieweg, ‘Lex sportiva and the fairness principle’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

H Xiang, ‘Reflections on several basic issues of sports law concepts’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4


9. Domestic Sports Law Issues

Articles

J Anderson, ‘Village greens, commons land and the emergence of sports law in the UK’ (2014) 14 The International Sports Law Journal 3-4, p. 218

F Colin, ‘La confirmation de l’intérêt généralement limité de l’exercice du recours en rectification d’erreur matérielle devant le Conseil d’État, appliqué en droit du sport Note sous CE, 5 mars 2014’ (2014) 36 CDS, 64

F Dousset and Elodie Brunner, ‘La rémunération accessoire : un élément d’appréciation du contrat de travail ? Note sous CA Toulouse, ch. soc. 4, sect.1, 15 mai 2014’ (2014) 36 CDS, 89

N Grossman, ‘What is the NBA?’ (2015)  25 Marquette Sports Law Review, Marquette Law School Legal Studies Paper No. 14-27 (Forthcoming)

M M Heekin and B W Burton, ‘Bias in the College Football Playoff Selection Process: If the Devil is in the Details, That's Where Salvation May Be Found’ (2014) 24 Marquette Sports Law Review Issue 2, 335

C Hinson, ‘Assessing the Scope of State University Sovereign Immunity: A Commentary on the Vexing Dispute over UCF Athletics Association, Inc.’ (2014) 24 Marquette Sports Law Review Issue 2, 419

J T Holden, ‘North American sports leagues and gambling policy: a comparative analysis’ (2014) 14 The International Sports Law Journal 3-4, p. 242

Mgr. M Kralik, ‘Civil liability of sports participants in the Czech Republic’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

S Martin, ‘La limite des pouvoirs disciplinaires d’une fédération sportive Note sous CE, 28 avril 2014’ (2014) 36 CDS, 165

K C Omuojine, ‘Dispute Resolution in Nigerian football: the need for a national dispute resolution chamber’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 20 

N Partington, ‘Legal liability of coaches: a UK perspective’ (2014) 14 The International Sports Law Journal 3-4, p.232

G Rabu, ‘L’impact de la loi relative à la consommation dans le sport’(2014) 36 CDS, 15

G Rabu, ‘L’illicéité de l’interdiction conventionnelle du recours au contrat à durée indéterminée Note sous Cass. soc., 2 avril 2014’ (2014) 36 CDS, 95

G Rabu, ‘La négociation des contrats de cession de droits TV soumise au droit des pratiques restrictives de concurrence Note sous Cass. com., 20 mai 2014’ (2014) 36 CDS, 183

F Razano, ‘Keeping Sport out of the courts: the national soccer league dispute resolution chamber- a model for sports dispute resolution in South Africa and Africa’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 2

F Razano and F Majani, ‘Club licensing in African football- are we there yet?’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 34

L Richard, ‘La disposition qui soumet le joueur à des indemnités de rupture prohibitives est contraire à la Constitution belge Note sous Cour du travail d’Anvers, 6 mai 2014’ (2014) 36 CDS, 102

J Wolohan, ‘Sports betting in the United States: Past, Present and Future’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

W Xiaoping, ‘The consideration of revision of Chinese sports law a tentative analysis on proposals to legislation of professional sport’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

R Yavner, ‘Minor League Baseball and the Competitive Balance: Examining the Effects of Baseball’s Antitrust Exemption’ (2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 266

 T Yong, ‘The concept of sports law in China’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4  


10. Olympic Games

V Postlethwaite, ‘Sochi 2014 Winter Olympics and the controversy of the Russian Propaganda Laws: is the IOC buckling under the pressure of its own incoherence in thought?’ (2014) 14 The International Sports Law Journal 3-4, p. 264


Book Reviews

K L Jones, ‘Adam Lewis QC and Jonathan Taylor: Sports: Law and Practice (2014) 14 The International Sports Law Journal 3-4, p.275 



II. Recent Developments in European Sports Law 


A. EU Press Releases

New milestone in the fight against match-fixing (Brussels 18 September 2014) 

Taxation: Commission refers The Netherlands to the Court over VAT exemption for water sport activities (Brussels 25 September 2014)

Studies on betting-related match-fixing now available (Brussels 17  September 2014) : 1)EAC/16/2013 Study on risk assessment and management and prevention of conflicts of interest in the prevention and fight against betting-related match fixing in the EU 28 (T.M.C. Asser Instituut / Asser International Sports Law Centre, July 2014) and 2) Study on the sharing of information and reporting of suspicious sports betting activity in the EU 28 (Oxford Research and VU Amsterdam) 


B. Council of Europe Conventions

Council of Europe Convention on the Manipulation of Sports Competitions (adopted on 9 July 2014 and opened for signatures on 18 September 2014)


C. EU Commission Decisions

C (2014)7378, Commission decision adopting the arrangement for cooperation between the European Commission and UEFA (Brussels 14 October 2014) http://ec.europa.eu/sport/news/2014/docs/uefa2014_en.pdf


D. UN Resolution

Resolution A/69/L.5 of 16 October 2014 on Sport for Development and Peace http://www.un.org/ga/search/view_doc.asp?symbol=A/69/l.5.



III. Case Law


1. TAS/CAS

CAS 2014/A/3630 Dirk de Ridder v. International Sailing Federation (ISAF)

CAS 2014/A/3665/3666/3667 Luis Suarez / FC Barcelona / Uruguayan Football Association / FIFA 

CAS 2014/A/3518 Zamalek Sporting Club v. Accra Hearts of Oak Sporting Club

CAS AG 14/03 Tai Cheau Xuen v. Olympic Council of Asia

CAS 2014/A/3516 George Yerolimpos v. World Karate Federation

CAS AG 14/02 Pg Mohammed Nasir Pg Anak Jaafar v. Brunei Darussaalam National Olympic Council

CAS AG 14/01 Rahul Kumar & Saket Wali v. ASF & OCA & WSF

CAS 2014/A/3694 Roman Kreuziger v. UCI

CAS 2013/A/3417 FC Metz v. NK Nafta Lendava

CAS 2013/A/3389 Virach Chanpanich v. The Football Association of Thailand

TAS 2014/A/3475 Charline Van Snick c. Fédération Internationale de Judo (FIJ) (Doping)

CAS 2013/A/3062 Kevin Sammut v. UEFA


2. FIFA Dispute Resolution System 

Labour Disputes

Decision of the Dispute Resolution Chamber, Club K, from country A v. Player Q, from country P (30 July 2014)

Decision of the Dispute Resolution Chamber, Club S, from country A v. Player P, from country A and Club B, from country T (30 July 2014)

Decision of the Dispute Resolution Chamber, Player D, from country R v. Club X, from country T and Club Y, from country T as intervening party (30 July 2014)

Decision of the Dispute Resolution Chamber, Player P, from country X v. Club Y, from country S (30 July 2014)

Decision of the Dispute Resolution Chamber, Player W, from country T v. Club A, from country U (30 July 2014)

Decision of the Dispute Resolution Chamber, Player R, from country E v. Club C, from country M and Club W, from country G as intervening party (30 July 2014)

Decision of the Dispute Resolution Chamber Judge, Player R, from country B v. Club A, from country R (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player R, from country T v. Club A, from country L (27 August 2014)

Decision of the Dispute Resolution Chamber, Player G, from country N v. Club I, from country E (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player B, from country G v. Club F, from country C (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player B, from country H v. Club Z, from country I (27 August 2014)

Decision of the Dispute Resolution Chamber, Player J, from country U v. Club S, from country E and Club Y (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber, Player M, from country A v. Club L, from country G and Club T, from country A as intervening party (20 August 2014)

Decision of the Dispute Resolution Chamber, Player M, from country I v. Club P, from country R (28 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player D, from country N v. Club S, from country H (27 August 2014)

Decision of the Dispute Resolution Chamber, Player K, from country G v. Club K, from country T (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player D, from country N v. Club S, from country H (27 August 2014)

Decision of the Dispute Resolution Chamber, Player K, from country G v. Club K, from country T (20 August 2014)

Decision of the Dispute Resolution Chamber, Player B, from country C v. Club K, from country T (28 August 2014)

Decision of the Dispute Resolution Chamber, Player F, from country A v. Club O, from country C and Club L, from country S as intervening party (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player M, from country A v. Club X, from country X (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber Judge, Player E, from country P v. Club A, from country C (27 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber Judge, Player S, from country C v. Club O, from country C (20 August 2014)

Decision of the Dispute Resolution Chamber, Player I, from country M v. Club A, from country K (20 August 2014) 


Disputes about the Training Compensation

Decision of the Dispute Resolution Chamber, Club L, from country P v. Club T, from country S regarding training compensation in connection with the player M (30 July 2014)

Decision of the Dispute Resolution Chamber, Club V, from country N v. Club M, from country T regarding training compensation in connection with the player O (30 July 2014)

Decision of the Dispute Resolution Chamber Judge, Club X, from country U v. Club A, from country A regarding training compensation in connection with the player O (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber, Club A, from country A v. Club X, from country M regarding training compensation in connection with the player B (28 August 2014) (in Spanish) 


Solidarity Contribution Disputes

Decision of the Dispute Resolution Chamber Judge, Club S, from country B v. Club G, from country I regarding solidarity contribution in connection with the transfer of the player C (27 August 2014)

Decision of the Dispute Resolution Chamber, Club A, from country B v. Club D, from country U and Club G, from country B as intervening party regarding solidarity contribution in connection with the transfer of the player D (20 August 2014)

Decision of the Dispute Resolution Chamber, Club J, from country B v. Club D, from country U and Club V, from country B as intervening party regarding solidarity contribution in connection with the transfer of the player O (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club W, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club E, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club S, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club B, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y(27 August 2014) 


3. National Courts Decisions

Swiss Federal Tribunal Decision 4A_324/2014, Fenerbahçe Spor Kulübü v Union des Associations Européennes de Football (UEFA) (16 October 2014)

United States Courts of Appeals for the Ninth Circuit, NCAA Student-Athlete name & likeness litigation (No 10-15387)


Comments are closed
Asser International Sports Law Blog | International and European Sports Law – Monthly Report – May 2016. By Marine Montejo

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

International and European Sports Law – Monthly Report – May 2016. By Marine Montejo

Editor’s note: This report compiles all relevant news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.   


The Headlines

Challenged membership put a lot of emphasis on football federations in May. The Court of Arbitration for Sport (“CAS”) has rendered an award, on 27 April 2016, ordering the FIFA Council to submit the application of the Gibraltar Football Association (GFA) for FIFA membership to the FIFA Congress (the body authorised to admit new members to FIFA). The GFA has sought since 1999 to become a member of UEFA and FIFA. In May 2013, it became a member of the UEFA and went on to seek membership of FIFA. The latter refused to submit the application to its Congress as the conditions for it were (allegedly) not met. The GFA filed an appeal to this decision to CAS which also ordered that the FIFA Congress take all necessary measures to admit the GFA as a full member of FIFA as soon as possible and within the limits of the FIFA Statutes, as it does not have the power to directly award it with FIFA membership. FIFA discussed the matter during its 66th Congress on 12&13 May and finally granted it with  membership, along with Kosovo. Gibraltar had to face an opposition from Spain due to its long-standing dispute over the status of its territory. On another front, following the decision of the UEFA Congress on May 3 to integrate the football federation of Kosovo, the Football Association of Serbia (FSS) has filed an appeal with CAS against the Kosovar membership. UEFA is already looking to integrate Gibraltar and Kosovo to its 2018 World Cup qualification tournament. Kosovo is a self-proclaimed state and not a member of the United Nations. Its national Olympic committee became a full member of the International Olympic Committee in 2014 and is recognized by a number of international sports federations.

The ongoing legal battle between FIBA/FIBA Europe and Euroleague Commercial Assets (“ECA”) is firing around Europe. This time, the Spanish Higher Council for Sports (“Consejo Superior de Deportes” – “CSD”) annulled the agreement between the Spanish basketball league (“ACB”) and the Euroleague because it breaches the rules of the Spanish national basketball federation (“FEB”). Such an agreement is an infringement of the federation jurisdiction to decide on the participation of Spanish basketball clubs to international competitions. The Spanish national team was under the threat of being withdrawing of the 2016 Rio Olympic Games and the 2017 EuroBasket by the international federation (“FIBA”) and the European federation (“FIBA Europe”) because of the participation of Spanish professional basketball clubs to the Euroleague. FIBA is battling with Euroleague to impose its own European competition, the Basketball Champions League (recent update on the ongoing disagreements between the two can be found here).

The Spanish competition authority (“CNMC”) published its report on the audiovisual rights’ selling conditions for the Spanish football first and second leagues (“La Liga” and “Segunda División”) and national cup (“Copa del Rey”) until 2019. In April 2015, joint selling of the national football media rights has been imposed in Spain. The Spanish National League has to seek the advice of the competition authority previous to its tender. The main observations of the CNMC is that the penultimate and ultimate La Liga matches day should be broadcast on free-to-air TV. Also, the possibility for pay-TV broadcasters to buy more Copa del Rey matches could be anti-competitive.


Case law

Michel Platini’s suspension from all football-related activities at both national and international level was lowered by the CAS  from six to four years. The former UEFA President was first sentenced with an eight years ban by the Adjudicatory Chamber of the FIFA Ethics Committee for several breaches of the FIFA Ethics Code. This sanction was later reduced to a six years suspension by the FIFA Appeal Committee. Michel Platini filed his appeal at CAS which rendered its decision on May, 9. CAS concluded that the employment contract between FIFA and Michel Platini was valid, however, the alleged unpaid part of his salary (CHF 2 millions) was not legitimate and, as such, was an undue advantage in breach of Article 20 of the FIFA Code of Ethics. The arbitral panel also concluded on a conflict of interest in breach of article 19 of the same code. However, CAS only retained these two breaches and did not found him guilty of the others, as a consequence, its six-year suspension was reduced to four years. In particular, CAS highlighted the fact that FIFA knew about this payment in 2011 and only started its investigations in 2015. Michel Platini resigned from the UEFA presidency and announced his intention to appeal the award in front of the Swiss Federal Tribunal. 

CAS released its award on the appeal brought by the Croatian international water polo player Niksa Dobud against FINA Doping panel decision which sanctioned him for failure to submit to a doping test. He was previously sanctioned with a four-year period of ineligibility, the disqualification of the results obtained after 21 March 2015, the date of the attempt to test him and the forfeit of any medals, points and prizes achieved from that date. The panel found him guilty of evading a doping test and confirmed FINA decision.


Official Documents and Press Releases 


In the news

Olympics

Football


Academic materials


Books 


Upcoming Events 

27 & 28 June - Sport & EU 11th annual conference, Institute for European Studies, CEU-San Pablo University, Madrid, Spain 

28 June – LawInSport Networking Drinks, London, UK

6 July - Asser International Sports Law Lecture and Book Launch: Antidoping in the wake of the meldonium cases: How to balance scientific complexity and legal fairness. By Marjolaine Viret, Asser Institute, The Hague, The Netherlands

19 – 21 July - Executive Programme in International Sports Law, Sports Law and Policy Centre, Ravello, Italy

2 & 3 September - International Sport Arbitration 6th Conference CAS & SAV, The Court of Arbitration for Sport (CAS), the Swiss Bar Association (SAV / FSA) and the Swiss Arbitration Association (ASA), Lausanne Switzerland

16 September - The future of the ‘legal autonomy’ of sport, Anglia Ruskin University, Cambridge, UK


Comments are closed