Editor’s note: Serhat
Yilmaz (@serhat_yilmaz)
is a lecturer in sports law in Loughborough University. His research focuses on
the regulatory framework applicable to intermediaries. Antoine Duval (@Ant1Duval) is the head of
the Asser International Sports Law Centre.
Last week, while FIFA was firing
the heads of its Ethics and Governance committees, the press was overwhelmed
with ‘breaking news’ on the most expensive transfer in history, the come back
of Paul Pogba from Juventus F.C. to Manchester United. Indeed, Politiken
(a Danish newspaper) and Mediapart
(a French website specialized in investigative journalism) had jointly
discovered in the seemingly endless footballleaks
files that Pogba’s agent, Mino Raiola, was involved (and financially
interested) with all three sides (Juventus, Manchester United and Pogba) of the
transfer. In fine, Raiola earned a grand total of € 49,000,000 out of the deal,
a shocking headline number almost as high as Pogba’s total salary at
Manchester, without ever putting a foot on a pitch. This raised eyebrows,
especially that an on-going investigation by FIFA into the transfer was
mentioned, but in the media the sketching of the legal situation was very often
extremely confusing and weak. Is this type of three-way representation legal
under current rules? Could Mino Raiola, Manchester United, Juventus or Paul
Pogba face any sanctions because of it? What does this say about the
effectiveness of FIFA’s Regulations
on Working with Intermediaries? All these questions deserve thorough
answers in light of the publicity of this case, which we ambition to provide in
this blog.More...
Since yesterday FIFA is back in turmoil (see here
and here)
after the FIFA Council decided
to dismiss the heads of the investigatory (Cornel Borbély) and adjudicatory
(Hans-Joachim Eckert) chambers of the Independent
Ethics Committee, as well as the Head (Miguel Maduro) of the Governance
and Review Committee. It is a disturbing twist to a long reform process (on
the early years see our blogs here
and here)
that was only starting to produce some tangible results. More...
Doyen (aka Doyen Sports Investment Limited) is
nothing short of heroic in its fight against FIFA’s TPO ban. It has (sometimes
indirectly through RFC Seraing) attacked the ban in front of the French courts,
the Belgium courts, the European Commission and the Court of Arbitration for
Sport. This costly, and until now fruitless, legal battle has been chronicled
in numerous of our blogs (here
and here).
It is coordinated by Jean-Louis Dupont, a lawyer who is, to say the least, not
afraid of fighting the windmills of sport’s private regulators. Yet, this time
around he might have hit the limits of his stubbornness and legal ‘maestria’.
As illustrated by the most recent decision of the saga, rendered in March by
the Court of Arbitration for Sport (CAS) in a case opposing the Belgium club
RFC Seraing (or Seraing) to FIFA. The arguments in favour of the ban might override
those against it. At least this is the view espoused by the CAS, and until
tested in front of another court (preferably the CJEU) it will remain an influential
one. The French text of the CAS award has just been published
and I will take the opportunity of having for once an award in my native
language to offer a first assessment of the CAS’s reasoning in the case,
especially with regard to its application of EU law. 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.
In the
football world the use of unilateral extension options (hereafter UEOs) in
favour of the clubs is common practice. Clubs in Europe and, especially, South
America make extensive use of this type of contractual clauses, since it gives
them the exclusive possibility to prolong the employment relationship with
players whose contracts are about to come to an end. This option gives to a
club the right to extend the duration of a player’s contract for a certain
agreed period after its initial expiry, provided that some previously
negotiated conditions are met. In particular, these clauses allow clubs to sign
young promising players for short-term contracts, in order to ascertain their
potential, and then extend the length of their contracts.[1]
Here lies the great value of UEOs for clubs: they can let the player go if he
is not performing as expected, or unilaterally retain him if he is deemed
valuable. Although an indisputably beneficial contractual tool for any football
club, these clauses are especially useful to clubs specialized in the
development of young players.[2] After
the Bosman
case, clubs have increasingly used these clauses in order to prevent players
from leaving their clubs for free at the end of their contracts.[3] The
FIFA Regulations do not contain any provisions regulating this practice,
consequently the duty of clarifying the scope and validity of the options lied
with the national courts, the FIFA Dispute Resolution Chamber (DRC) and the
CAS. This two-part blog will attempt to provide the first general overview on
the issue.[4] My
first blog will be dedicated to the validity of UEOs clauses in light of
national laws and of the jurisprudence of numerous European jurisdictions. In a
second blog, I will review the jurisprudence of the DRC and the CAS on this
matter. More...
Editor's note: This report compiles all relevant news, events and
materials on International and European Sports Law based on the daily coverage
provided on our twitter feed @Sportslaw_asser. You
are invited to complete this survey via the comments section below, feel free
to add links to important cases, documents and articles we might have
overlooked.
More...
Editor's note: Adriaan Wijckmans is an associate specialized in sports law at the Belgium law firm Altius.
In a recent judgment, the Brussels Court of
First Instance confirmed the legality of a so-called surety undertaking, i.e. an
agreement in which the parents of a minor playing football guarantee that their
child will sign a professional contract with a football club as soon as the child
reaches the legal age of majority.
This long-awaited ruling was hailed, on the one hand, by clubs as a
much needed and eagerly anticipated confirmation of a long-standing practice in
Belgian football[1] and, on
the other hand, criticised by FIFPro, the international
player’s trade union, in a scathing press release. More...
Editor's Note: Ryan is Assistant
Professor at Thompson Rivers University, he defended his PhD at Erasmus
University Rotterdam in December 2015. His dissertation examined human rights
violations caused by international sporting events, and how international
sporting organisations may be held accountable for these violations.
“Serious sport…is
war minus the shooting.” – George Orwell
In May 2016, the
Union of European Football Associations (UEFA) admitted the Football
Federation of Kosovo (Kosovo) as a member. The voting was
close, with 28 member federations in favour, 24 opposed, and 2 whose votes were
declared invalid. The practical outcome of this decision is that Kosovo would
be able participate in the UEFA Euro championship, and that Kosovo teams could
qualify for the UEFA Champions’ League or Europa League. More...
Editor's note: This report compiles all relevant news, events and
materials on International and European Sports Law based on the daily coverage
provided on our twitter feed @Sportslaw_asser. You
are invited to complete this survey via the comments section below, feel free
to add links to important cases, documents and articles we might have
overlooked. More...
Editor’s note:
Tomáš Grell comes from Slovakia and is currently an LL.M. student
in Public International Law at Leiden University. He contributes also to
the work of the ASSER International Sports Law Centre as a part-time
intern.
This is a follow-up
contribution to my previous blog on FIFA's responsibility for human rights abuses
in Qatar published last week. Whereas the previous part has examined the lawsuit
filed with the Commercial Court of the Canton of Zurich ('Court') jointly by the Dutch trade union FNV, the
Bangladeshi Free Trade Union Congress, the Bangladesh Building and Wood Workers
Federation and the Bangladeshi citizen Nadim Shariful Alam ('Plaintiffs')
against FIFA, this second part will focus on the Court's ruling dated 3 January
2017 ('Ruling').[1]
More...
Editor’s note: Tomáš Grell comes from Slovakia and is currently an LL.M. student in Public International Law at Leiden University. He contributes also to the work of the ASSER International Sports Law Centre as a part-time intern.
On 2 December 2010, the FIFA Executive Committee elected Qatar as host of the 2022 FIFA World Cup ('World Cup'), thereby triggering a wave of controversies which underlined, for the most part, the country's modest size, lack of football history, local climate, disproportionate costs or corruption that accompanied the selection procedure. Furthermore, opponents of the decision to award the World Cup to the tiny oil-rich Gulf country also emphasized the country's negative human rights record.
More than six years later, on 3 January 2017, the Commercial Court of the Canton of Zurich ('Court') dismissed the lawsuit filed against FIFA[1] jointly by the Dutch trade union FNV, the Bangladeshi Free Trade Union Congress, the Bangladesh Building and Wood Workers Federation and the Bangladeshi citizen Nadim Shariful Alam ('Plaintiffs').[2] The Plaintiffs requested the Court to find FIFA responsible for alleged human rights violations of migrant workers in connection with the World Cup in Qatar. Had the Plaintiffs' claims been upheld by the Court, such decision would have had far-reaching consequences on the fate of thousands of migrants, mostly from India, Nepal and Bangladesh, who are currently working on the construction of sporting facilities and other infrastructure associated with organization of the World Cup. More...