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Football-legal
30
Jun
2021
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Luca SMACCHIA
CAS
Cases
International
Football Legal # 15

The Relevant Elements in Assessing the “Sporting Succession” between Clubs


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CAS 2020/A/7092 Panathinaikos FC v. FIFA & Club Parma Calcio 1913
Date of the decision: 2020-12-14
Arbitrator(s): Manfred Peter Nan Mark Hovell Fabio Iudica

[1] The more a new club associates itself with the elements of a bankrupt club, such as using the same colors, logos, and history, the larger the risk that it may be considered the sporting successor of a bankrupt club. In award CAS 2020/A/7092, the Panel found no sporting succession between Parma Calcio 1913 and Parma FC.

Introduction

As it was confirmed many times by the jurisprudence of the Court of Arbitration for Sport  (CAS), “a club is a sporting entity identifiable by itself that, as a general rule, transcends the legal entities which operate it.”[2]

Therefore, it is possible that the commitments undertaken by the sporting subject survive the succession of companies that manage it.

As long as a sporting succession is identified, even if the new club was not directly involved in the agreement from which certain obligations arise, the economic duties of the...

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Topics
  • CAS
  • Financial control
Keywords
  • CAS proceedings
  • Court of Arbitration for Sport (CAS)
  • FIFA Disciplinary Committee
  • FIFA proceedings
  • Sporting succession
Find out more
  • Sporting Succession: CAS 2020/A/7092 Panathinaikos FC v. FIFA & Club Parma Calcio 1913
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Luca SMACCHIA
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