One of the issues that is always of great practical importance when conducting appeal proceedings before the Court of Arbitration for Sport (CAS) is the standing to be sued (légitimation passive).[1] The success of the appeal may rest precisely on having been able to correctly identify the parties who are to constitute the legal procedural relationship.
Introduction
Neither the CAS Code of Arbitration nor most of the Statutes and Regulations of the sports federations have a specific rule on standing to be sued.[2] As it will be seen below, Article R48 of the CAS Code merely states that the appellant is obliged to mention the appellee(s) in its statement of appeal.[3]
In principle, the appellees are those parties who could be directly affected by the CAS decision as they are directly linked to the legal relationship on which the appeal is based. For this reason, it is the appellant’s procedural burden to name them appellees in its statement of appeal. If the appellant fails to do so, the other appellees could raise a procedural objection...
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