- Football Legal # 18
- Football Legal # 17
- Football Legal # 16
- Football Legal # 15
- Football Legal # 14
- Football Legal # 13
- Football Legal # 12
- Football Legal # 11
- Football Legal # 10
- Football Legal # 9
- Football Legal # 8
- Football Legal # 7
- Football Legal # 6
- Football Legal # 5
- Football Legal # 4
- Football Legal # 3
- Football Legal # 2
- Football Legal # 1
Latest FL Journal Articles
12
May
2023
Editorial (Football Legal # 18)
After the Bosman ruling, which severely reminded us in 1995 of the priority of European Law over football regulations issued by international football governing bodies, one might have thought that European Law and national laws would gradually win over Football Law.
However, for the last 20 years, FIFA and UEFA have resisted very well the proce...
12
May
2023
AFA creates a National Dispute Resolution Chamber
On 21 December 2022, the new AFA Statutes were approved. One of the major changes is the inclusion of a National Dispute Resolution Chamber (NDRC).[1]
The absence of an internal federative dispute resolution body at Argentine Football Association (AFA) led to several domestic disputes going directly to the Court of Arbitration for Sport (CAS) a...
12
May
2023
Solidarity mechanism in light of the FIFA Clearing House Regulations and the recent jurisprudence of the FIFA DRC and the CAS
In this article, the author will discuss the FIFA solidarity mechanism based on the published solidarity contribution decisions of the Dispute Resolution Chamber of the FIFA Football Tribunal (FIFA DRC) and Court of Arbitration for Sport (CAS) as from 2020 and the newly introduced FIFA Clearing House Regulations.
12
May
2023
Illegal Betting by Players and Match Officials and its Regulations
The article discusses the topics of match-fixing and illegal betting in the context of football, as well as the criteria and standard of proof used by FIFA and CAS to sanction match-fixing. It outlines the definition and sanctions for match-fixing under the Spanish and the British regulatory framework. Lastly, it examines a recent case, th...
12
May
2023
Chameleon: Federative Jurisdiction over Image Rights Agreements
The purpose of the present paper is to focus solely on the issues regarding access to federative jurisdiction,[1] FIFA in the first instance, and the Court of Arbitration for Sport (CAS) on appeal, to understand matters pertaining to image rights in the scope of employment relations.
12
May
2023
12
May
2023
Israel Football Association – The Committee for Examining Reform in the Ways of Fighting Violence in Football
Introductory
One of the most important topics in the world of sport in general (and in football in particular) is the violence it brings with it. The regulators are constantly in need of treating this phenomenon severely. Along with all the positive things in football, there are negative behaviors as well that cannot be treated with kid gloves....
12
May
2023
Annexe 7 FIFA RSTP: Its Effect on Ukrainian Clubs, Foreign Players/Coaches Employed in Ukraine – Ukrainian Perspective
Introduction
In connection with the military aggression of the Russian Federation against Ukraine, by the Decree of the President of Ukraine no. 64/2022, a martial law regime was imposed from 05:30am on 24 February 2022, which is still in force. With regard to the imposition of martial law, all competitions in all kinds of sports on the territo...
12
May
2023
FC Shakhtar Donetsk Sues FIFA because of Annexe 7
Factual effect on FC Shakhtar Donetsk
Given the invasion of the Russian Federation into Ukraine, the Bureau of FIFA Council introduced its first edition of Annexe 7 to the FIFA Regulations on the Status and Transfer of Players (FIFA RSTP) on 7 March 2022. In accordance with it, all the employment contracts between clubs affiliated with the Ukr...
12
May
2023
12
May
2023
Football & EU Competition Law: State of Play
On 30 March 2023, Football Legal and MLex co-hosted a webinar addressing the state of play in the application of EU competition law to football. Participating were José Rivas (Bird & Bird), Assimakis Komninos (White & Case) and Bartosz Turno (WBK Lawyers). As the debate got underway, former EU judge and lawyer Ian Forrester KC also made a...
12
May
2023
The Diarra case before the CJEU, a follow-up to the Bosman ruling?
In a ruling dated 19 September 2022, the Mons Court of Appeal (in the Wallonian region of Belgium) referred the Lassana Diarra case to the Court of Justice of the European Union (CJEU). The case is named after the French footballer who challenged the legality of the compensation claimed against him for the termination of his contract with t...
12
May
2023
Competition Law and Football – Key developments post-Brexit and what to expect going forward
The consequences of the UK’s exit from the European Union (EU) continue to be felt just as keenly in the world of sport as that of politics, not least from a competition law perspective. This article examines how EU and UK competition law will apply in the UK post-Brexit, with a particular focus on the football industry and the forthcoming...
12
May
2023
European State Aid Law Applied to Professional Football
Among the competition rules enshrined in the Treaty on the Functioning of the European Union (TFEU),[1] only the prohibition of State aid contained in Article 107 will be discussed here regarding its application to the management of professional football clubs and the construction or renovation of their stadiums.
12
May
2023
Floor Van Houdt: “The Commission only supports reform projects, which are in line with the values of openness, solidarity and of sporting merit”
Interview with Floor VAN HOUDT
Head of Unit – Sport of the European Commission
DG Education and Culture
European Commission
Brussels - Belgium
12
May
2023
Sport Specifity
The specificity of sport based on the Treaty
At first sight, the Court of Justice takes a broad view of the restrictions on freedom of movement, applying them to the rules laid down by sports federations. It is settled case-law that sport is not an exception in that it does not constitute an area that is inherently exempt from the restrictions...
12
May
2023
SFT 4A_504/2021, 18 January 2022
Facts of the Case
Club A loaned a football player (Player) to a Swiss Club from January 2018 to June 2019. The Swiss Club and the Player concluded an employment contract according to which the Player’s monthly salary would amount to USD 13,000 (approx. EUR 11,900) until June 2018 and thereafter to USD 17,000 (approx. EUR 15,500) until 30 June 2...
12
May
2023
SFT 4A_54/2022, 7 July 2022
In a judgment rendered on 7 July 2022, the Swiss Federal Tribunal (SFT) dismissed an appeal lodged by a football club (the “Appellant” or the “Club”) against a CAS award (CAS 2017/A/7635) rendered in the context of an employment-related dispute against a coach and two assistant coaches (the “Respondents” or the “Coaches”). The Club claimed...
12
May
2023
12
May
2023
Amendments to the Code of Sports-Related Arbitration (1 November 2022): Their Influence in CAS Arbitrator Proceedings
This article will analyze and comment on the latest reforms introduced to the Code of Sports-Related Arbitration on Spanish and Swiss jurisprudence, European Sports Law doctrine and CAS awards.
12
May
2023
12
May
2023
A Practical Guide to CAS Legal Aid
This article aims to provide a useful tool for legal aid applicants.