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Latest FL Journal Articles
12
May
2023
Summary of CAS Proceedings amidst the Russian Invasion of Ukraine
Facts
On 24 February 2022, a military conflict involving Russia and Ukraine started to unfold in Ukraine. The European Council and the Council of Europe, as well as other international bodies, including international sports federations, condemned these military actions.
On 25 February 2022, the United Nations Security Council attempted to adop...
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
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
Legal and regulatory hurdles impeding elite Australian coaches from working in Europe
This article was motivated by the recent scenario where several top Australian coaches, including Ange Postecoglou of Glasgow Celtic and Kevin Muscat, formerly of Belgian club Sint-Truiden FC, faced regulatory hurdles with having their coaching badges recognised by UEFA or its member national federations. In order to understand and analyse these...
12
May
2023
The Impacts of Club Licensing Implementation in Women’s Football Championships – São Paulo State Experience
The enforcement of club licensing regulations in football is a reality worldwide. This tool promotes the qualitative and sustainable development of football, granting the competitions credibility and encouraging the professionalization of club management, consequently making it possible to obtain financial balance and preserve sports values. São...
12
May
2023
Match Owner Picks the Ball
Although it is a headline, it seems more like a court ruling: “With a hefty punishment for the rebels: Betsson wins the tender and keeps the naming right of the National Championship.” This is how the agreement reached by the National Professional Football Association of Chile (ANFP) was announced so the Chilean first and second-division champio...
12
May
2023
Comment about Third-Party Win Bonuses in Spain in Sports Events
Spanish Supreme Court, 13 January 2023, no. 1014/2022
Spanish Supreme Court, 13 January 2023, no. 1014/2022[1]
12
May
2023
The Absence of 15 Players from the Spanish Women’s National Football Team
On 22 September 2022, the Royal Spanish Football Federation (RFEF) issued a statement explaining that they had received 15 e-mails from 15 Women’s National Team players. The e-mails were received during the same day, all written in the same form, in which they stated, and we quote:
“I hereby inform you that due to recent events in the Spanish n...
30
Jun
2022
The Slow Road to Equality in Football: The Professionalization of Female Football in Spain
This article reflects on the evolution of female football in Spain and its path to professionalization. Although a rocky road, advances beyond those found in many other countries had been made before the professionalization, and the decision to professionalize was the icing on the cake. However, even after the professionalization, not everything...
30
Jun
2022
There is Room for Personality Rights in Hungarian Law
Introduction
In professional sports, personality rights protect a player’s right to practice a sport unrestricted to maintain their market value and abilities and find new opportunities. Today, personality rights are widely accepted in international sports law, particularly at FIFA and Court of Arbitration for Sport (CAS) levels.
However, such...
30
Jun
2022
European Super League: A Case Pending before the European Court
Introduction
On 18 April 2021, after many rumors, the New York Times reported that 12 European clubs formed a Spanish limited liability company named European Super League (ESL Company) aiming to create a breakaway competition named “European Super League” (ESL).
The shareholders of the ESL Company were the following: Real Madrid, FC Barcelona...
30
Jun
2022
Selected Case-Law of the Swiss Federal Tribunal in Football-Related-Matters (June 2022)
[1] This article traditionally provides an overview on a selection of recent case-law of the Swiss Federal Tribunal (SFT) in relation to civil law appeals against arbitral awards of the Court of Arbitration for Sport (CAS) concerning football-related disputes. Sports law practitioners are, as always, well-advised to carefully follow developments...
30
Jun
2022
FIFA and UEFA’s Supension of Russian Teams from a Legal Perspective
CAS 2022/A/8708 Football Union of Russia (FUR) v. FIFA et al.
[1] FIFA and UEFA’s decisions to suspend Russian national teams and clubs from participating in FIFA’s and UEFA’s competitions, as well as UEFA’s decision to declare FUR’s bid to host UEFA EURO competitions as not eligible, raise the question of what legal basis FIFA and UEFA have for suspending national football associations and its affiliated...
30
Jun
2022
The Discretion of CAS in Awarding Compensation after the Termination of a Contract between Professionals and Clubs for Overdue Payables
CAS 2020/A/7242 Al Wahda FSC Company v. Mourad Batna & Al Jazira FSC
Whenever it is found that a player terminated an employment contract for just cause due to overdue payables in accordance with Article 14bis of the Regulations on the Status and Transfer of the Players of FIFA (RSTP), the club shall pay compensation in accordance with Article 17, par.1, lit. ii, of the RSTP. The case under analysis shows how the...
30
Jun
2022
FIFA New Regulations for International Loan Transfers
After being delayed because of the COVID-19 pandemic, the new regulations for international transfers will enter into force on 1 July 2022. The following are the main changes that these regulations will represent, while briefly commenting consequential regulatory amendments.
30
Jun
2022
Basque Football Federation: A Steeplechase to Official Status
The Basque Country’s desire to have its national football team made official has been reawakened in recent times.
30
Jun
2022
FC Andorra: How Tax Advantages Affect Competition in Spain
This article aims at analyzing the potential advantages FC Andorra will hold when competing in Spanish competitions given the tax advantages it holds and how these will be mitigated or can be mitigated by the Spanish leagues.
30
Jun
2022
The adverse analytical result of Agustín Canobbio – A doping case resulting from the consumption of contaminated food
On 24 September 2021, Agustín Canobbio was notified by the South American Football Confederation (CONMEBOL) of an Adverse Analytical Finding after a doping test collected on 11 August 2021, after the quarter-final match of the Copa Sudamericana played in Lima, Peru, between Club Atlético Peñarol and Sporting Cristal.
30
Jun
2022
The conflict of Defensor Sporting players against their club
On 6 November 2021, Defensor Sporting Club issued an official statement in which it informed, among other measures, that as of 7 November 2021, nine players from its main squad would train separately. This resulted from an internal conflict between some members of the main squad, the coaching staff and various club officials.
30
Jun
2022
Club Nacional de Football and Cerro Largo Fútbol Club’s legal dispute over league match
On 11 September 2021, at the Raúl Goyenola Stadium in the city of Tacuarembó, Uruguay, Club Nacional de Football and Cerro Largo Fútbol Club played the match corresponding to the first matchday of the Clausura Tournament of the 2021Uruguayan Championship. On this occasion, a dispute arose over the active role of the suspended Cerro Largo coach.
30
Jun
2022
Significant Growth for Women’s Soccer in the U.S.
Women’s soccer has grown exponentially over the last decade, inching ever closer to equality with the men’s game. The sport took its biggest, most significant step towards equality recently when, during the first half of 2022, both the National Women’s Soccer League (NWSL) and U.S. Women’s National Team (USWNT) were able to secure firstof-their-...
30
Jun
2022
Evidentiary Issues and Applicable Law before the CAS
This article was written by the authors on the basis of their intervention on 3 September 2021, during the colloquium "Disputes before the CAS: specificity and normality of sports arbitration", organised under the scientific direction of Cécile Chaussard, David Jacotot, Clotilde Jourdain-Fortier and Gérald Simon - CREDIMI's Sports Law...
30
Jun
2022
Football Investment in Italy: Quo Vadis Football?
This article provides a general overview of the legal framework applicable to M&A transactions involving football clubs in Italy.
30
Jun
2022
Different Approaches to the Application of Art. R57 par. 3 CAS Code
Article R57 par. 3 CAS Code provides the arbitrators with a wide margin of discretion to exclude evidence if it was available or could reasonably have been discovered by the parties before the jurisdictional instances of FIFA or its confederations. This article critically assesses the extremely restrained jurisprudence of the CAS in this context...
30
Jun
2022
The CAS in the Time of COVID
Introduction
Organisations across the world adjusted to the ‘New Normal’ in the wake of the COVID-19 pandemic and as a profession which prides itself on upholding centuries-old traditions, some of the rapid developments in the legal sphere were met with horror from the traditionalists. However, the majority the of changes have been welcomed and...
30
Jun
2022
A Practical Approach to the Standing to Be Sued at the Court of Arbitration for Sport
One of the issues that is always of great practical importance when conducting appeal proceedings before the Court of Arbitration for Sport (CAS) is the standing to be sued (légitimation passive).[1] The success of the appeal may rest precisely on having been able to correctly identify the parties who are to constitute the legal procedural relat...