Editor's Note: Frans M. de Weger is legal counsel for the Federation of Dutch Professional Football Clubs (FBO) and CAS arbitrator. De Weger is author of the book “The Jurisprudence of the FIFA Dispute Resolution Chamber”, 2nd edition, published by T.M.C. Asser Press in 2016. Frank John Vrolijk specialises in Sports, Labour and Company Law and is a former legal trainee of FBO and DRC Database.
This second blog will focus
specifically on the sanctions available for FIFA under Article 12bis. It will provide
explanatory guidelines covering the sanctions imposed during the period
The possibility to impose
sanctions under article 12bis constitutes one of the pillars of the 12bis
procedure. Pursuant to Article 12bis of the RSTP, edition 2016, the DRC and the
PSC may impose a sanction on a club if the club is found to have delayed a due
payment for more than 30 days without a prima
facie contractual basis and the creditor have put
the debtor club in default in writing, granting a deadline of at least 10 days. The jurisprudence in
relation to Article 12bis also shows that sanctions are imposed ex officio by the DRC or the PSC and not
per request of the claimant.More...
Editor's Note: Frans M. de Weger is legal counsel
for the Federation of Dutch Professional Football Clubs (FBO) and CAS
arbitrator. De Weger is author of the book “The
Jurisprudence of the FIFA Dispute Resolution Chamber”, 2nd
edition, published by T.M.C. Asser Press in 2016. Frank John
Vrolijk specialises in Sports, Labour and Company Law and is a former legal
trainee of FBO and DRC Database.
In this first blog, we will try to answer some questions raised in
relation to the Article 12bis procedure on overdue payables based on the
jurisprudence of the DRC and the PSC during the last two years: from 1 April
2015 until 1 April 2017.
 The awards of the Court of
Arbitration for Sport (hereinafter: “the CAS”) in relation to Article 12bis
that are published on CAS’s website will also be brought to the reader’s
attention. In the second blog, we will focus specifically on the sanctions applied
by FIFA under Article 12bis. In addition, explanatory guidelines will be
offered covering the sanctions imposed during the period surveyed. A more
extensive version of both blogs is pending for publication with the
International Sports Law Journal (ISLJ). If necessary, and for a more detailed
and extensive analysis at certain points, we will make reference to this more
extensive article in the ISLJ. More...
Editor’s Note: Saverio Spera is an Italian lawyer and LL.M.
graduate in International Business Law at King’s College London. He is
currently an intern at the ASSER International Sports Law Centre.
This blog is a follow up to my previous contribution on the validity of Unilateral Extension Options
(hereafter UEOs) under national and European law. It focuses on the different
approaches taken to UEOs by the FIFA Dispute Resolution Chamber (DRC) and the
Court of arbitration for sport (CAS). While in general the DRC has adopted a
strict approach towards their validity, the CAS has followed a more liberal
trend. Nonetheless, the two judicial bodies share a common conclusion: UEOs are
not necessarily invalid. In this second blog I will provide an overview of the similarities
and differences of the two judicial bodies in tackling UEOs. More...
Yesterday the sports law world was
buzzing due to the Diarra decision of
the Tribunal de Commerce du Hainaut (the Tribunal) based in Charleroi, Belgium.
Newspapers were lining up (here, here and here) to spread the
carefully crafted announcement of the new triumph of Jean-Louis Dupont over his
favourite nemesis: the transfer system. Furthermore, I was lucky enough to
receive on this same night a copy of the French text of the judgment. My first
reaction while reading quickly through the ruling, was ‘OMG he did it again’!
“He” meaning Belgian lawyer Jean-Louis Dupont, who after a string of defeats in
his long shot challenge against FIFA’s TPO ban or UEFA’s FFP (see here and here), had [at least
I believed after rushing carelessly through the judgment] manufactured a new
“it”: a Bosman. Yet, after carefully re-reading the judgment, it
became quickly clear to me that this was rather a new Mutu (in the sense of the latest CAS award in the ‘Mutu
saga’, which I have extensively analysed on this blog and in a recent commentary for the new Yearbook of International Sports Arbitration) coupled with some reflections reminding a bit (but
not really as will be explicated below) the Pechstein
In this blog, I will retrace briefly
the story behind the case and then analyse the decision of the Belgium court.
In doing so, I will focus on its reasoning regarding its jurisdiction and the
compatibility of article 17(2) RSTP with EU law.More...