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Latest FL Journal Articles
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
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
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
12
May
2023
A Practical Guide to CAS Legal Aid
This article aims to provide a useful tool for legal aid applicants.
12
May
2023
CAS 2021/A/8229 Leeds United Football Club Limited v. RasenBallsport Leipzig GmbH
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.
12
May
2023
12
May
2023
Emilio Garcia Silvero: “2023 will be an exciting but also demanding year”
Interview with Emilio GARCIA SILVERO
Chief Legal and Compliance Officer at FIFA
12
May
2023
FIFA Clearing House: A Milestone for the Football Transfer System
Respecting and following the principles of good governance, transparency and integrity is essential to promote the development of football globally and to protect the game. In this regard, the present paper highlights the importance of FIFA’s efforts through the Clearing House project and the recently created FIFA Clearing House (FCH) ent...
12
May
2023
The New FIFA Football Agent Regulations – from transition period to full implementation
[1] [2] [3]
Football Agents are individuals who are licensed by FIFA pursuant to the FIFA Football Agent Regulations to represent, inter alia, players, coaches and clubs in employment and transfer negotiations. With the 2023 transition period established by these new regulations, this article examines both the FIFA Regulations on Working wit...
12
May
2023
FIFA Football Agent Regulations – The Solution brought to the Problems and its Implementation by the National Associations
In 2015, FIFA announced the FIFA Regulations on Working with Intermediaries, which included a series of new rules regarding the agency system. However, as we have seen in the past eight years, these regulations have not been seriously implemented. Following many meetings and exchanging of ideas, FIFA took a more active role in this issue an...
12
May
2023
Discriminatory Chants in Football & Sanctions: The Approach of the FIFA Disciplinary Committee
Football is arguably the world’s most popular sport, attracting millions of international fans. Its popularity also means that players and fans come from various countries, ethnicities, sexual orientations, and religious and cultural backgrounds. In this sense, discrimination has always been a deeply enrooted phenomenon that affects our s...
12
May
2023
Maternity and Professional Football in Club: The Remuneration of Players under Contract
FIFA DRC, 19 May 2022, Sara Björk Gunnarsdóttir
12
May
2023
Consequences of the Breach of Agency Agreement
City of Buenos Aires Commercial Court of Appeal, Chamber D, 18 August 2022, no. 21959/2017, Ezequiel Leandro Manera v. Mattias Pisano
In a final decision dated 18 August 2022, the Commercial Appeal Chamber of the City of Buenos Aires confirmed the first instance decision granting the agent the claimed compensation, including fees due and compensation for breach of contract.
The agent and the player signed an agency contract in 2012 for two years and renewed several times. In...
12
May
2023
Jurisdiction of National Arbitration Centers – The Egyptian Case
In many countries, national arbitration centers rule and adjudicate appeals of national dimensions after exhausting all internal remedies. However, some parties do not prefer resorting their appeals to their concerned national arbitration centers, and they tend to find any way to resort to the Court of Arbitration for Sport (CAS). In their point...
12
May
2023
The French Court of Cassation Finishes Off Sport Agent-Lawyers!
Court of cassation, 29 March 2023, no. 21-25.335
In a highly expected decision, the French Supreme Court (Cour de cassation) has ended the debates surrounding the boundary’s porosity between sports agents’ activity and that of sports lawyers. The Supreme Court confirmed the annulment of the modification by the Paris Bar Association of its internal regulations, which authorized sports agent-law...
12
May
2023
The French Professional Football League obtains the blocking of streaming sites illegally broadcasting Ligue 1 and Ligue 2 matches
Paris First Instance Court, order, 10 October 2022, no. 22/56707, LFP and société Filiale LFP 1
As the holder of the exclusive audiovisual exploitation rights of the Ligue 1 and Ligue 2 championships, the French Professional Football League (LFP) deplored the proliferation of streaming sites broadcasting live, almost systematically, the matches of the two competitions free of charge. Noting the existence of serious and repeated infringemen...
12
May
2023
Two Olympiacos FC Officials Sanctioned after Insulting a Referee
Some officials of Olympiacos FC - Ioannis Vrentzos, a Board Member, and Kostas Karapapas (picture), its Vice President - were reported by match officials to have violated several articles of the Hellenic Football Federation (HFF) Disciplinary Code after a game between Olympiacos FC and Panathinaikos FC.
12
May
2023
Dispute between an intermediary and a player: the Greek judge considers that the sum due was a penalty and not a remuneration but refuses to reduce its amount
Greek Court, 9 December 2022, no. 3787/2023
A Greek Court recognized that an amount awarded to an intermediary by the Court of Arbitration for Sport (CAS) was a penalty and not a remuneration. However, the player’s request to reduce the amount was denied.
12
May
2023
The role played by the Italian State laws addressing the activity of football agents in the implementation of the FIFA Football Agent Regulations by the Italian FA
According to the new FIFA Football Agent Regulations (FFAR), all member national associations are required to adopt (on 30 September 2023 at the latest) their own national football agent regulations by incorporating into it the provisions of the FFAR together with any mandatory provisions of their national law.
Italy is undoubtedly one of the t...