Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Doyen vs. Sporting II: The Bitter End of Sporting’s Fight at the Swiss Federal Supreme Court. By Shervine Nafissi

Editor’s Note: Shervine Nafissi (@SNafissi) is a Phd Student in sports law and teaching assistant in corporate law at University of Lausanne (Switzerland), Faculty of Business and Economics (HEC).

 

Introduction

The factual background

The dispute concerns a TPO contract entitled “Economic Rights Participation Agreement” (hereinafter “ERPA”) concluded in 2012 between Sporting Lisbon and the investment fund Doyen Sports. The Argentine player was transferred in 2012 by Spartak Moscow to Sporting Lisbon for a transfer fee of €4 million. Actually, Sporting only paid €1 million of the fee while Doyen Sports financed the remaining €3 million. In return, the investment company became the owner of 75% of the economic rights of the player.[1] Thus, in this specific case, the Portuguese club was interested in recruiting Marcos Rojo but was unable to pay the transfer fee required by Spartak Moscow, so that they required the assistance of Doyen Sports. The latter provided them with the necessary funds to pay part of the transfer fee in exchange of an interest on the economic rights of the player.

Given that the facts and circumstances leading to the dispute, as well as the decision of the CAS, were fully described by Antoine Duval in last week’s blog of Doyen vs. Sporting, this blog will solely focus on the decision of the Swiss Federal Supreme Court (“FSC”) following Sporting’s appeal against the CAS award. As a preliminary point, the role of the FSC in the appeal against CAS awards should be clarified.More...

Doyen vs. Sporting I: Doyen’s Pyrrhic Victory at the CAS

At the end of December 2015, the CAS decided on a very public contractual dispute between Sporting Clube de Portugal Futebol SAD (Sporting) and Doyen Sports Investments Limited (Doyen). The club was claiming that Doyen’s Economic Rights Participation Agreement (ERPA) was invalid and refused to pay Doyen’s due share on the transfer of Marcos Rojo to Manchester United. The dispute made a lot of noise (see the excellent coverage by Tariq Panja from Bloomberg here, here and here) as it was the first TPO case heard by the CAS after FIFA’s ban. Yet, and it has to be clear from the outset, the case does not affect the legality of FIFA’s TPO ban; it concerned only the compatibility of Doyen’s ERPA with Swiss civil law. The hearing took place in June 2015, but the case was put under a new light by the football leaks revelations unveiled at the end of 2015 (see our blog from December 2015). Despite these revelations, the CAS award favoured Doyen, and was luckily for us quickly made available on the old football leaks website. This blog will provide a commentary of the CAS decision. It will be followed in the coming days by a commentary by Shervine Nafissi on the judgment, on appeal, by the Swiss Federal Tribunal. More...

UEFA’s Financial Fair Play Regulations and the Rise of Football’s 1%

On 12 January 2017 UEFA published its eighth club licensing benchmarking report on European football, concerning the financial year of 2015. In the press release that accompanied the report, UEFA proudly announced that Financial Fair Play (FFP) has had a huge positive impact on European football, creating a more stable financial environment. Important findings included a rise of aggregate operating profits of €1.5bn in the last two years, compared to losses of €700m in the two years immediately prior to the introduction of Financial Fair Play.



Source: UEFA’s eighth club licensing benchmarking report on European football, slide 107.


 Meanwhile the aggregate losses dropped by 81% from €1.7bn in 2011 to just over €300m in 2015.More...




International and European Sports Law – Monthly Report – January 2017. By Saverio Spera.

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. 


The Headlines

The Diarra ruling of the Tribunal of Charleroi

On 19 January 2017, the Hainaut Commercial Tribunal – Charleroi rendered its decision on the lawsuit filed by the football player Lassana Diarra against FIFA and the Belgian FA (URBSFA) for damages caused by not being able to exercise the status of a professional football player during the entire 2014/2015 season. The lawsuit is linked to the decision, rendered by the FIFA Dispute Resolution Chamber (DRC) on April 2015, to support Lokomotiv’s decision to terminate the player’s contract and to order Diarra to pay Lokomotiv the amount of EUR 10,500,000 for having breached his contract. According to the plaintiff, Diarra’s opportunity to be recruited by Sporting Charleroi was denied due to the club being potentially considered jointly liable for Diarra’s compensation pursuant to Article 17 (2) RSTP. The Belgian court held strongly that “when the contract is terminated by the club, the player must have the possibility to sign a new contract with a new employer, without restrictions to his free movement”. This case highlighted, once again, the need to read the RSTP in the light of EU law. Moreover, the decision is laying further ground for broader challenges to the RSTP on the basis of EU law (for a deeper insight into the Diarra ruling, see the recent blog written by our senior researcher Antoine Duval) More...


Introducing the new legal challenges of E-Sports. By N. Emre Bilginoglu

Editor’s Note: Emre Bilginoglu[1] is an attorney in Istanbul and the co-founder of the Turkish E-Sports Players Association, a non-profit based in Istanbul that aims to provide assistance to professional gamers and to work on the relevant laws affecting them. 


The world is witnessing the rise of a new sport that is growing at an incredible speed: E-Sports. We are only starting to understand its legal implications and challenges.

In recent years, E-Sports has managed to attract thousands of fans to arenas to see a group of people play a video game. These people are literally professional gamers (cyber athletes)[2] who make money by competing in tournaments. Not all video games have tournaments in which professional players compete against each other.

The most played games in E-Sports competitions are League of Legends (LoL), Defense of the Ancients 2 (DotA 2) and Counter-Strike: Global Offensive (CS:GO). LoL and DotA are both Multiplayer online battle arena (MOBA) games, a genre of strategy video games in which the player controls a single character in one of two teams. The goal of the game is to destroy the opponent’s main structure. CS:GO is a first-person shooter (FPS) game, a genre of video games where the player engages combat through a first-person perspective. The main objective in CS:GO is to eliminate the opposing team or to terrorize or counter-terrorize, planting bombs or rescuing hostages. Other games that have (popular) E-Sports competitions include Starcraft II (real time strategy), Hearthstone (collectible card video game), Call of Duty (FPS) and FIFA (football).

The gaming requires cooperation between team players, a high level of concentration, rapid reactions and some seriously fast clicking. E-Sports is a groovy term to describe organized competitive computer gaming. The E-Sports industry is exponentially growing, amounting to values expressed in billions of dollars. According to Newzoo, a website dedicated to the collection of E-Sports data, there are some 250 million occasional viewers of E-Sports with Asia-Pacific accounting for half of the total amount. The growth of the industry is indubitably supported by online streaming media platforms. This article aims to explain what E-Sports is and to give the readers an insight on the key legal questions raised by it. More...


Time for Transparency at the Court of Arbitration for Sport. By Saverio Spera

Editor’s Note: Saverio Spera is an Italian lawyer and LL.M. graduate in International Business Law from King’s College London. He is currently an intern at the ASSER International Sports Law Centre.


The time is ripe to take a closer look at the CAS and its transparency, as this is one of the ways to ensure its public accountability and its legitimacy. From 1986 to 2013, the number of arbitrations submitted to the CAS has grown from 2 to more than 400 a year. More specifically, the number of appeals submitted almost doubled in less than ten years (from 175 in 2006, to 349 in 2013[1]). Therefore, the Court can be considered the judicial apex of an emerging transnational sports law (or lex sportiva).[2] In turn, the increased authority and power of this institution calls for increased transparency, in order to ensure its legitimacy.[3]

More...


UEFA’s betting fraud detection system: How does the CAS regard this monitoring tool? By Emilio García.

Editor’s note: Emilio García (emilio.garcia@uefa.ch)  is a doctor in law and head of disciplinary and integrity at UEFA. Before joining UEFA, he was the Spanish Football Federation’s legal director (2004–12) and an arbitrator at the CAS (2012–13).In this blog, Emilio García provides a brief review of a recent case before the Court of Arbitration for Sport (CAS): Klubi Sportiv Skënderbeu v UEFA (CAS 2016/A/4650)[1], in which he acted as main counsel for UEFA. 


Sport and match-fixing – A quick overview

Match-fixing is now legally defined as “an intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned sports competition with a view to obtaining an undue advantage for oneself or for others”.[2] It has been said that there has always been match-fixing in sport.[3] From the ancient Olympic Games to the most important global sports competitions of today, manipulation of results has always been an all-too-frequent occurrence.

We have seen a number of very prominent instances of this kind of issue over the years. One of the most remarkable examples, which was even the subject of a film,[4] was the match-fixing episode during the 1919 World Series, where several players from the Chicago White Sox were found guilty of accepting bribes and deliberately losing matches against the Cincinnati Reds.[5]

The situation has changed considerably since then. In particular, the globalisation of the sports betting industry has had a massive impact, with recent studies estimating that between €200bn and €500bn is betted on sport every year.[6] Match-fixing does not just affect football either;[7] it is also affecting other sports, most notably tennis.[8] More...


The Diarra Ruling of the Tribunal of Charleroi: The New Pechstein, Bosman or Mutu?

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 case.

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...

The Russian Doping Scandal at the Court of Arbitration for Sport: The IPC’s Rio Ineligibility of Russian Paralympic Athletes

Editor's note: This blog is part of a special blog series on the Russian doping scandal at the CAS. Last year I analysed the numerous decisions rendered by the CAS ad hoc Division in Rio and earlier this year I reviewed the CAS award in the IAAF case.

Unlike the International Association of Athletics Federations (IAAF), the International Paralympic Committee (IPC) was very much unaffected by the Russian doping scandal until the publication of the first McLaren report in July 2016. The report highlighted that Russia’s doping scheme was way more comprehensive than what was previously thought. It extended beyond athletics to other disciplines, including Paralympic sports. Furthermore, unlike the International Olympic Committee (IOC) the IPC had a bit more time to deal with the matter, as the Rio Paralympic Games were due to start “only” in September.

After the release of the McLaren Report, the IPC president Sir Philip Craven was “truly shocked, appalled and deeply saddened at the extent of the state sponsored doping programme implemented in Russia”. He immediately announced the IPC’s intention to review the report’s findings and to act strongly upon them. Shortly thereafter, on 22 July, the IPC decided to open suspension proceedings against the National Paralympic Committee of Russia (NPC Russia) in light of its apparent inability to fulfil its IPC membership responsibilities and obligations. In particular, due to “the prevailing doping culture endemic within Russian sport, at the very highest levels, NPC Russia appears unable or unwilling to ensure compliance with and the enforcement of the IPC’s Anti-Doping Code within its own national jurisdiction”. A few weeks later, on 7 August, the IPC Governing Board decided to suspend the Russian Paralympic Committee with immediate effect “due to its inability to fulfil its IPC membership responsibilities and obligations, in particular its obligation to comply with the IPC Anti-Doping Code and the World Anti-Doping Code (to which it is also a signatory)”. Indeed, these “obligations are a fundamental constitutional requirement for all National Paralympic Committees (NPCs), and are vital to the IPC’s ability to ensure fair competition and to provide a level playing field for all Para athletes around the world”. Consequently, the Russian Paralympic Committee lost all rights and privileges of IPC membership. Specifically, it was not entitled to enter athletes in competitions sanctioned by the IPC, and/or to participate in IPC activities. Thus, “the Russian Paralympic Committee will not be able to enter its athletes in the Rio 2016 Paralympic Games”. More...


The Russian Doping Scandal at the Court of Arbitration for Sport: The IAAF’s Rio Ineligibility of Russian Athletes

Since the release of the earth-shattering ARD documentary two years ago, the athletics world has been in a permanent turmoil. The International Athletics Association Federation (IAAF) is faced with both a never-ending corruption scandal (playing out in front of the French police authorities) and the related systematic doping of Russian athletes. The situation escalated in different phases led by the revelations of Russian insiders. First, in December 2014 with the ARD documentary, which demonstrated how widespread (and organized) the recourse to doping was in Russian athletics. It triggered the Pound investigation financed by the World Anti-Doping Agency (WADA), which led to two damaging reports (available here and here) for the Russian anti-doping system and the IAAF itself. Thereafter, in November 2015, the IAAF had no other choice but to provisionally suspend the Russian athletics federation (ARAF then RusAF) and its members from IAAF competitions. Yet, this was only the beginning as shortly after the former head of Moscow’s anti-doping laboratory provided a detailed sketch to the New York Times of the operation of a general state-led doping scheme in Russia. The system was designed to avert any positive doping tests for top-level Russian sportspeople and was going way beyond athletics. These allegations were later largely confirmed and reinforced by the McLaren investigation initiated by WADA in May 2016, and which published its first report in July 2016 shortly before the Rio Olympics. In June 2016, the IAAF anticipated the conclusions of the report (it had received most of McLaren’s evidence beforehand) and decided to maintain the ineligibility of Russian athletes for IAAF competitions, and for the Rio Olympics. It did, however, foresee a narrow exception for Russian athletes able to show that they were properly tested outside of Russia. Nonetheless, the athletes using this exception were to compete under a neutral flag at the Olympics. Unsurprisingly, Russian athletes led by pole superstar (and now IOC member), Yelena Isinbayeva, and the Russian Olympic Committee decided to challenge this decision in front of the Court of Arbitration for Sport (CAS). Interestingly, while the decision was rendered on 21 July 2016, the full text of the award was publically released only on 10 October 2016. In September, I analysed the Rio CAS Ad Hoc Decisions involving Russian athletes aiming to participate to the Olympics. I will now turn to the IAAF decision, which is of great importance to the future of the anti-doping system. Indeed, it lays out the fundamental legal boundaries of the capacity of international federations to impose sanctions on their members (and their members) in order to support the world anti-doping fight. More...

Asser International Sports Law Blog | International Sports Law in 2015: Our Reader

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

International Sports Law in 2015: Our Reader

This post offers a basic literature review on publications on international and European sports law in 2015. It does not have the pretence of being complete (our readers are encouraged to add references and links in the comments under this blog), but aims at covering a relatively vast sample of the 2015 academic publications in the field (we have used the comprehensive catalogue of the Peace Palace Library as a baseline for this compilation). When possible we have added hyperlinks to the source.[1]

Have a good read.

Books

Stefano Bastianon (ed.), La sentenza Bosman vent'anni dopo. Aspetti giuridico-economici della sentenza che ha cambiato il calcio professionistico europeo (Giappichelli, Torino 2015)

Stefano Bastianon (ed.), L'Europa e lo sport. Profili giuridici, economici e sociali. Atti del 4° Convegno (Bergamo, 26 novembre 2014) (Giappichelli, Torino 2015)

Frédéric Buy & al (ed.), Droit du sport (L.G.D.J, Paris 2015)

Johnny Maeschalk et al., Sportrecht (Die Keure, Brugge, 2015)

Mathieu Maisonneuve (ed.), Droit et olympisme : contribution à l'étude juridique d'un phénomène transnational, (Presses Universitaires d'Aix-Marseille, Aix en Provence 2015)

Despina Mavromati and Matthieu Reeb, The Code of the Court of Arbitration for Sport : commentary, cases and materials (Wolters Kluwer, Alphen aan den Rijn 2015)

David McArdle, Dispute Resolution in Sport: Athletes, Law and Arbitration (Routledge, Taylor & Francis Group, London, New York 2015)

Patrick Meier, Dopingsanktion durch Zahlungsversprechen: das Beispiel der Ehrenerklärungen des Weltradsportverbands UCI (Duncker and Humblot, Berlin 2015)

Mario Merget, Beweisführung im Sportgerichtsverfahren am Beispiel des direkten und indirekten Dopingnachweises (Duncker and Humblot, Berlin 2015)

Katarina Pijetlovic, EU sports law and breakaway leagues in football (Asser Press, The Hague 2015)

Moritz Tauschwitz, Die Dopingverfolgung in Deutschland und Spanien. Eine strafrechtliche und kriminologische Untersuchung (Duncker and Humblot, Berlin 2015)

Klaus Vieweg (ed.), Lex Sportiva (Duncker and Humblot, Berlin 2015)

Klaus Vieweg, Gert-Peter Brüggemann, Franz Steinle (ed.), "Techno-Doping": Leistungssteigerung durch technische Hilfsmittel aus naturwissenschaftlicher und juristischer Perspektive (Boorberg, Stuttgart 2015)

Klaus Vieweg (ed.), Impulse des Sportrechts (Duncker and Humblot, Berlin 2015)

Marjolaine Viret, Evidence in Anti-Doping at the Intersection of Science & Law (T.M.C. Asser Press, 2016)

Markus Zimmermann, Vertragsstabilität im internationalen Fußball : unter besonderer Berücksichtigung der Rechtsprechung der FIFA und des CAS (Richard Boorberg, Stuttgart 2015)

 

Academic Journals[2]

The International Sports Law Journal

Antonio Rigozzi, Ulrich Haas, Emily Wisnosky, Marjolaine Viret, Breaking down the process for determining a basic sanction under the 2015 World Anti-Doping Code, June 2015, Volume 15, Issue 1, pp 3-48

Elena Atienza-Macias, 2015 WADA code comes into effect: significant changes in the Spanish legal arena, June 2015, Volume 15, Issue 1, pp 49-54

Antoine Duval, Cocaine, doping and the court of arbitration for sport, June 2015, Volume 15, Issue 1, pp 55-63 

Corinna Coors, Are sports image rights assets? A legal, economic and tax perspective, June 2015, Volume 15, Issue 1, pp 64-68

Simon Boyes, Legal protection of athletes’ image rights in the United Kingdom, June 2015, Volume 15, Issue 1, pp 69-82

Tom Serby, The Council of Europe Convention on Manipulation of Sports Competitions: the best bet for the global fight against match-fixing?, June 2015, Volume 15, Issue 1, pp 83-100

Jonathan Liljeblad, Foucault, justice, and athletes with prosthetics: the 2008 CAS Arbitration Report on Oscar Pistorius,  June 2015, Volume 15, Issue 1, pp 101-111

Jacob Kornbeck, Lisbonisation without regulation: engaging with sport policy to maximise its health impact?, June 2015, Volume 15, Issue 1, pp 112-122

Sergey Yurlov, Right to participate in sporting competition: a human right or legal fiction and the Russian legal framework for sport, June 2015, Volume 15, Issue 1, pp 123-127

 

SpuRt: Zeitschrift für Sport und Recht

Fabian Stancke, ‘Pechstein und der aktuelle Stand des Sportkartel‘ (2015), Volume 22, Issue 2, 46-51

Jan F. Orth, Martin Stopper, ‘Entscheidungsvollzug in der Verbandspyramide und Ausbildungsentschädigung‘ (2015), Volume 22, Issue 2, 51-56

Philipp Wackerbeck, ‘Das Aus der Spielervermittlerlizenz und das "Dritteigentum an Spielerrechten" - eine erste, kritische Bestandsaufnahme‘ (2015), Volume 22, Issue 2, 56-61

Michael Geistlinger, Julia Schaffelhofer, ‘Die Vierjahressperre nach dem WADC 2015 aus dem Blickwinkel der grundrechtlichen Berufsfreiheit‘ (2015), Volume 22, Issue 3, 101-105

 

Causa Sport: die Sport-Zeitschrift für nationales und internationales Recht sowie für Wirtschaft

Peter W. Heermann, ‘Related Parties gemäss Financial Fair Play: Erste Erfahrungen‘ (2015), Issue 1, 3-9

Markus Zimmermann, ‘Komplexe Konsequenzen bei Vertragsauflösungen im Fussball‘ (2015), Issue 1, 16-22

Patrick Redell, ‘Spielerverträge mit Minderjährigen: droht ein neuer "Bosman" Fall?‘ (2015), Issue 1, 28-36

Anne-Sophie Morand, ‘Verbote religiöser und politischer Symbole im Sport im Lichte des Persönlichkeitsrechts‘ (2015), Issue 1, 72-81

Luca Beffa & Olivier Ducrey, Review of the 2014 Case Law of the Swiss Federal Tribunal concerning Sports Arbitration (2015), Issue 2, 115-123

Marco Del Fabro, Optionen nach dem Verbot von Third Party Ownerships (2015), Issue 3, 219-230

Ralf Eckert  & Clauia Wisser, Die Genehmigungsgebühr des DLV im Lichte des <Pechstein-Urteils> des OLG München (2015), Issue 3, 238-241

Matthias Neumann, Die Lizenzbox : attraktives Steuerungsinstrument für Fußballklubs im Rahmen des Merchandising (2015), Issue 3,  295-303

Dominik Kocholl, Schiedsklauseln im internationalen Sport : gewollt oder nicht? : Anmerkungen zur Entscheidung des Gerichtshofs vom 18. Februar 2015 3 Ob 157/14f (2015), Issue 3,  311-321

Urs Scherrer, FIFA : Reflexionen zu Fakten, zu Spekulationen und zur Zukunft (2015), Issue 3, 322-325

Jonas Leder, Das Bewerbungsverfahren um die Ausrichtung der Olympischen Spiele nach der IOC-Agenda 2020 (2015), Issue 4, 339-343 

Robin van der Hout & Christian Wagner, Neue Möglichkeiten beihilferechtskonformer Finanzierung von Sportinfrastrukturen (2015), Issue 4, 344-352

Paul Lambertz, Problematische Namensveröffentlichungsregelung in Dopingfällen gemäss WADA-Code (2015), Issue 4, 369-373

Peter W. Heermann, Abstellung von Nationalspielern aus kartellrechtlicher Sicht (2015), Issue 4, 384-391

 

Revista española de derecho deportivo

Diego Medina Morales, ‘Derecho del deporte y normas de juego’ (2015), Volume 35, Issue 1, 11-18

Sandra L. Echeverry Velásquez, ‘Límites en la actividad publicitaria de naturaleza general y especial aplicada al deporte’ (2015), Volume 35, Issue 1, 55-78

Emilio A. García Silvero, ‘La disciplina deportiva en las federaciones deportivas internacionales: algunos aspectos básicos para su adecuada comprensión’(2015) Volume 35, Issue 1, 79-102

 

Rivista di diritto ed Economia dello sport

Mario Vigna, La Saga Pechstein : Tremano le colonne del tempio tas ? (2015), Issue 1, 13-30

Alessandro Coni, Le Third-Party Ownership, (2015), Issue 1, 31-68

Michele Spadini, La normativa FIFA a tutela dei minori alla luce del « caso Barcellona »
(2015), Issue 2, 17-46

Piero Sandulli, Acquisizione e valutazione della prova nel processo sportivo : Profili problematici ? (2015), Issue 2, 47-58

Maria Herta Palomba, L’esclusione del calciatore dalla rosa della prima squadra e il concetto di giusta causa nella giurisprudenza del CAS e della FIFA (2015), Issue 2, 59-74

Luca Smacchia, Il lodo Mutu : Come il diritto europeo limita la specificità dello sport (2015), Issue 2, 75-88

Gerardo Russo, Lo sviluppo tecnico normativo nella lotta al doping e l’impatto sul rilascio delle licenze world tour UCI : Il caso Astana (2015), Issue 2, 89-116

Salvatore Civale, L'Indennità di formazione e il contributo di solidarietà nei trasferimenti internazionali dei calciatori alla luce della circolare FIFA n.1500 (2015), Issue 2, 117-126

Massimiliano Zampi & Giovanna Tassoni, Il doping tra medicina legale e diritto, osservazioni sulla liceità dei prelievi e sulle modlità di accertamento(2015), Issue 2, 135-148

Alessandro Coni, Il caso RFC Sérésien : La prima condanna per violazione del divieto di TPO (2015), Issue 2, 135-148

 

Sweet & Maxwell's international sports law review

James M. Dorsey, ‘To watch or not to watch? : Middle Eastern Women's Sporting Rights’ (2015) Sweet & Maxwell's international sports law review

Lauri Tarasti, ‘First International Convention against Sport Manipulation’ (2015) Sweet & Maxwell's international sports law review

Kevin Carpenter & Adam Pendlebury, ‘Tweeting the Game into Disrepute : Regulation of Social Media by Governing Bodies : Lessons from English Football’ (2015) Sweet & Maxwell's international sports law review

Ulrich Haas, ‚The Court of Arbitration for Sport in the Case Law of the German Courts’ (2015) Sweet & Maxwell's international sports law review

 

Others

Toine Spapens and Marjan Olfers, Match-fixing: The Current Discussion in Europe and the Case of The Netherlands (2015) European Journal of Crime Criminal Law and Criminal Justice; vol. 23, Issue. 4, 333-358

Ulrich Haas, Der Court of Arbitration for Sport im Spiegel der deutschen Rechtsprechung (2015) Zeitschrift fur Vergleichende Rechtswissenschaft; vol. 114, issue. 4, 516-544

Andrew Wacke, Spiel und Wette (insbesondere Sportwetten) in der Entwickliung des europäischen Zivilrechts (2015) Zeitschrift für europäisches Privatrecht, Issue 1, 88-104

Valerie Kaplan, UEFA Financial Fair play Regulations and the European Union Antitrust Law Complications (2015) Emory International Law Review, Volume 29, Issue 4, 799-857

Philippe Cavalieros, Janet (Hyun Jeong) Kim, Can the Arbitral Community learn from Sports Arbitration? (2015) Journal of International Arbitration, Volume 32, Issue 2, 237-260 

Ralf Eckert, Maut fürs Laufen : zur Rechtmäßigkeit einer von einem Sportverband erhobenen Abgabe (2015) Wirtschaft und Wettbewerb, Volume 65, Issue 5, 480-489

Evelyne Lagrange, L'État et les puissances privées : digressions sur la compétence plénière de l'État et "l'autonomie du mouvement sportif" in Pierre d'Argent, Béatrice Bonafé et Jean Combacau (eds.) Les limites du droit international : essais en l'honneur de Joe Verhoeven, 183-204, 2015, ISBN 9782802742913

Mark Pieth, Ist der FIFA noch zu helfen? (2015) Zeitschrift fur Schweizerisches Recht, vol. 134, Issue. 1, 135-148

Danielle Wood, Giving Competition a Sporting Chance? : The Role for Antitrust Laws in Promoting Competition from New Sporting Leagues in Australia and the United States (2015) Australian Business Law Review; vol. 43, Issue. 3, 206-227

Oliver Budzinski, Stefan Szymanski, Are restrictions of competition by sports associations horizontal or vertical in nature? (2015) Journal of Competition Law & Economics, Volume 11, Issue 2, 409-429

Phinney Disseldorp, Voetballers niet langer te koop!? : Over een verbod op Third Party Ownership (2015) Tijdschrift voor sport & recht, Issue 1, 1-7

Geoff Pearson, Sporting Justifications under EU Free Movement and Competition Law: The Case of the Football ‘Transfer System’ (2015) European Law Journal, Volume 21, Issue 2, 220–238

Ben Van Rompuy, The Role of EU Competition Law in Tackling Abuse of Regulatory Power by Sports Associations (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 179-208

Nicolaides Phedon, A Critical Analysis of the Application of State Aid Rules to Sport (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 209-223

Antoine Duval, The Court of Arbitration for Sport and EU Law: Chronicle of an Encounter (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 224-255

Richard Parrish, Article 17 of the FIFA Regulations on the Status and Transfer of Players: Compatibility with EU Law, (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 256-282

Jacob Kornbeck, The Stamina of the "Bosman" Legacy : The European Union and the Revision of the World Anti-Doping Code (2011-2013) (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 283-304

Anna Sabrina Wollman, Olivier Vonk & Gerard-René De Groot, Towards a Sporting nationality? (2015) Maastricht Journal of European and Comparative Law, vol. 22, issue. 2, 305-321

Stefano Bastianon, The Striani Challenge to UEFA Financial Fair-Play. A New Era after Bosman or Just a Washout? (2015) Competition Law Review, Volume 11 Issue 1, 7-39

Beverley Williamson, Premiership Rugby Union: Through the Antitrust Looking Glass (2015) Competition Law Review, Volume 11 Issue 1, 41-60

Oskar van Maren, The Real Madrid case: A State aid case (un)like any other? (2015) Competition Law Review, Volume 11 Issue 1, 83-108

 

SSRN Articles

Anastasios Kaburakis, Ryan M. Rodenberg, John T. Holden, Inevitable: Sports Gambling, State Regulation, and the Pursuit of Revenue (10 January 2015)

Ben Van Rompuy, The Odds of Match Fixing - Facts & Figures on the Integrity Risk of Certain Sports Bets (22 January 2015)

Craig Dickson, Complex Rules & Inconsistent Interpretation: Duty of Care and Causation in Collision Sports (27 February 2015)

Craig Dickson, Courtsiding' in Sport: Cheating, Sharp Practice or Merely Irritating? (13 March 2015)

Kyle Mulrooney, Katinka Van de Ven, ”Muscle Profiling”: Anti-Doping Policy and Deviant Leisure (23 March 2015) 

Antoine Duval, Ben Van Rompuy, The Compatibility of Forced CAS Arbitration with EU Competition Law: Pechstein Reloaded (23 June 2015)

Michele Giannino, Can Joint Sale Agreements for Exclusive Media Rights to Sport Events Amount to Abusive Conducts? The Simbia/CLT-UFA Case in Luxembourg (10 July 2015)

Dick Pound, Sports Arbitration: How it Works and Why it Works (16 June 2015)

Kathryn Henne, Reforming Global Sport: Hybridity and the Challenges of Pursuing Transparency (20 August 2015).

Kathryn Henne, Defending Doping: Performances and Trials of an Anti-Doping Program (20 August 2015).

Thomas Margoni, The Protection of Sports Events in the European Union: Property, Intellectual Property, Unfair Competition and Special Forms of Protection (August 29, 2015).

Teresa Scassa and Benoit Séguin, Ambush Marketing Legislation to Protect Olympic Sponsors: A Step Too Far in the Name of Brand Protection? (October 7, 2015).

  

Others:

Bulletin TAS/CAS Bulletin 2015/1

Bulletin TAS/CAS Bulletin 2015/2



[1] This literature review would not have been possible without the precious support of our former intern Piotr Drabik.

[2] Only the articles deemed relevant from an international sports law perspective are listed here.

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