RFC Seraing Case: Advocate General Calls for Full Judicial Review of CAS Awards Under EU Law

Opinion of the Advocate General in Case C-600/23, Royal Football Club Seraing v FIFA

Date of the decision: 2025-01-16

In the RFC Seraing v FIFA case, Advocate General Tamara Ćapeta emphasized on 16 January 2025 that CAS awards must be open to full judicial review by EU national courts to ensure compliance with EU Law. She highlighted the mandatory nature of FIFA’s arbitration clauses and its self-enforcing system, arguing that these features require stronger judicial safeguards under the principle of effective judicial protection.

On 16 January 2025, Advocate General Tamara Ćapeta delivered her opinion in Case C-600/23, Royal Football Club Seraing v FIFA, URBSFA and UEFA, referred to the Court of Justice of the European Union (CJEU) by the Belgian Cour de Cassation. The case raises significant questions about the compatibility of sports arbitration awards rendered by the Court of Arbitration for Sport (CAS) with EU Law, particularly in light of the principle of res judicata.

Legal Background

The case originates from disciplinary sanctions imposed by FIFA on RFC Seraing, a Belgian football club, for agreements involving third-party ownership (TPO) of players’...

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