Should CAS Awards Ruling on Questions of European Union Law be "Res Judicata"?

Should CAS Awards Ruling on Questions of European Union Law be "Res Judicata"?

On 8 September 2023, the Supreme Court of Belgium announced that it had referred a case to the Court of Justice of the European Union (CJEU) concerning the legitimacy of private justice mechanisms that the statutes of international federations imposed upon its members.

The Supreme Court of Belgium (Cour de Cassation belge)^{^[1]} referred to the CJEU as a preliminary question the appeal filed by RFC Seraing. This Belgian club is arguing before Belgian tribunals that FIFA’s ban on Third Party Ownership (TPO) violates European competition law and the free movement of capital. According to the club, TPO practices should be carefully regulated but not banned altogether.

This case comes from an appeal issued against a decision of the Court of Appeal of Brussels issued in December 2019, dismissing Doyen Sports and RFC Seraing’s...

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Should CAS Awards Ruling on Questions of European Union Law be "Res Judicata"?

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