Football Legal Journal

May

2023

Status of South American National Dispute Resolution Chambers - The National Dispute Resolution Chambers in Associations of CONMEBOL

Elena MUNDARAY

Antonio QUINTERO

Governance

Article

Argentina Bolivia (Plurinational State of) Brazil Chile Colombia Ecuador Paraguay Peru Uruguay Venezuela (Bolivarian Republic of) International

May

2023

Solidarity mechanism in light of the FIFA Clearing House Regulations and the recent jurisprudence of the FIFA DRC and the CAS

A.L. (Arne) AL

Solidarity mechanism

Article

International

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.

May

2023

Illegal Betting by Players and Match Officials and its Regulations

Ignacio BERCHÉ

Gerard NAVARRO

Match-fixing

Article

International

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...

May

2023

Chameleon: Federative Jurisdiction over Image Rights Agreements

Guido José JAMER

Player/Coach Contract

Article

International

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.

May

2023

Data Protection New Standards Impact on Football Players’ Rights

María BALSA CADENAS

Player/Coach Contract

Article

International

[1]

May

2023

The United Kingdom’s Fan-Led Review of Football and the New Era of Independent Regulation in Sports

Juan de Dios CRESPO PEREZ

Faithfulness OKOM

Governance

Article

United Kingdom of Great Britain and Northern Ireland International

May

2023

Israel Football Association – The Committee for Examining Reform in the Ways of Fighting Violence in Football

Gefen FRIEDMAN

Security

Article

Israel International

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....

May

2023

Annexe 7 FIFA RSTP: Its Effect on Ukrainian Clubs, Foreign Players/Coaches Employed in Ukraine – Ukrainian Perspective

Yuliya BOGDANOVA

FIFA

Article

Ukraine International

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...

May

2023

FC Shakhtar Donetsk Sues FIFA because of Annexe 7

Andrey KHARITONCHUK

FIFA

Article

Ukraine International

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...

May

2023

Annexe 7 FIFA RSTP – End of the Contractual Stability Epoch

Aleksandr KUZMIN

FIFA

Article

Russian Federation Ukraine International

May

2023

Introduction to the Special Report FL # 18 - The Application of European Law in Football

Francesco MARTUCCI

European Law

Article

International

May

2023

The Bosman Case: an Imperfect Icon

Ian FORRESTER KC

European Law

Article

International

May

2023

The legal autonomy of sports federations is framed by freedom of movement

Francesco MARTUCCI

European Law

Article

International

May

2023

Football & EU Competition Law: State of Play

José RIVAS

Assimakis KOMNINOS Bartosz TURNO

European Law

Article

International

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...

May

2023

The combination of functions regulated by the competition rules

Francesco MARTUCCI

European Law

Article

International

May

2023

The CJEU Royal Antwerp FC Case or about the Home-Grown Players Rule

Vanja SMOKVINA

European Law

Article

Belgium International

[1]

May

2023

The Diarra case before the CJEU, a follow-up to the Bosman ruling?

Colin MIÈGE

European Law

Article

Belgium International

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...

May

2023

Competition Law and Football – Key developments post-Brexit and what to expect going forward

Kate NEWMAN

Phil HUTCHINSON

European Law

Article

United Kingdom of Great Britain and Northern Ireland International

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...

May

2023

European State Aid Law Applied to Professional Football

Colin MIÈGE

European Law

Article

International

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.

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”

Football Legal

European Law

Article

International

Interview with Floor VAN HOUDT Head of Unit – Sport of the European Commission DG Education and Culture European Commission Brussels - Belgium

May

2023

Sport Specifity

Francesco MARTUCCI

European Law

Article

International

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...

May

2023

Concluding Remarks (Special Report FL # 18 - The Application of European Law in Football)

Francesco MARTUCCI

European Law

Article

International

May

2023

SFT 4A_504/2021, 18 January 2022

Jorge IBARROLA

CAS

Article

Switzerland International

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...

May

2023

SFT 4A_54/2022, 7 July 2022

Marc CAVALIERO

Nicolò JUGLAIR

CAS

Article

Switzerland International

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...

May

2023

SFT 4A_246/2022, 1 November 2022

Jean-Pierre MORAND

Riccardo COPPA

CAS

Article

Switzerland International

May

2023

Amendments to the Code of Sports-Related Arbitration (1 November 2022): Their Influence in CAS Arbitrator Proceedings

Juan de Dios CRESPO PEREZ

Jorge Isaac TAPIA DELGADO

CAS

Article

Switzerland International

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.

May

2023

The Football Legal Aid Fund – Access to Justice?

William STERNHEIMER

Ben CISNEROS

CAS

Article

International

May

2023

A Practical Guide to CAS Legal Aid

Marton KISS

CAS

Article

International

This article aims to provide a useful tool for legal aid applicants.

May

2023

CAS 2021/A/8229 Leeds United Football Club Limited v. RasenBallsport Leipzig GmbH

Ian LAING

Elena LA FICARA

CAS

Article

International

As a result of the COVID-19 pandemic-related delay to the 2019-2020 football season, a purchase obligation linked to a condition precedent was held to survive the expiry of a loan agreement and, upon satisfaction of the relevant condition, the loanee club was obliged to proceed with the purchase pursuant to terms agreed in the loan agreement.

May

2023

Impact of the extension of the season 2019-2020 and the subsequent transfer window on the interpretation of contractual clauses

Joachim RAIN

CAS

Article

International

On 4 November 2022, the Court of Arbitration for Sport (CAS) dismissed the Appeal of Leeds United FC[1] against a decision rendered by the Single Judge of the FIFA Players’ Status Committee (FIFA PSC) on 1 June 2021. The object of the dispute was the payment of the first installment of a transfer fee regarding the player Jean-Kevin Augustin.

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