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 Court of Arbitration for Sport bans 12 Russian track and field athletes

On 1 February 2019, the Court of Arbitration for Sport (CAS) communicated that it had rendered another 12 decisions in the seemingly endless saga concerning the state-sponsored doping programme in Russia. These first-instance decisions of the CAS involve 12 Russian track and field athletes who were all found guilty of anti-doping rule violations based on the evidence underlying the reports published by professor Richard McLaren and suspended from participating in sports competitions for periods ranging from two to eight years. Arguably the most prominent name that appears on the list of banned athletes is Ivan Ukhov, the 32-year-old high jump champion from the 2012 Olympic Games in London.

The case was brought by the International Association of Athletics Federation (IAAF) that sought to convince the arbitrators that the athletes in question had participated in and/or benefited from anabolic steroid doping programmes and benefited from specific protective methods (washout schedules) in the period between the 2012 Olympic Games in London and the 2013 IAAF World Championships in Moscow. The CAS was acting in lieau of the Russian Athletics Federation that remains suspended and thus unable to conduct any disciplinary procedures. The athletes have had the opportunity to appeal the decisions to the CAS Appeals Arbitration Division.

Federal Cartel Office in Germany finds Rule 40 of the Olympic Charter disproportionately restrictive

At the end of February, the German competition authority Bundeskartellamt announced that it had entered into a commitment agreement with the German Olympic Sports Confederation (DOSB) and the International Olympic Committee (IOC) in which these two organisations had agreed to considerably enhance advertising opportunities for German athletes and their sponsors during the Olympic Games. The respective agreement is a direct consequence of the Bundeskartellamt’s finding that the IOC and the DOSB had abused their dominant position on the market for organising and marketing the Olympic Games by demanding that the athletes refrain from promoting their own sponsors while the Games are ongoing, as well as shortly before and after the Games. This restriction stems from Rule 40(3) of the Olympic Charter under which no competitor who participates in the Games may allow his person, name, picture or sports performances to be used for advertising purposes, unless the IOC Executive Board allows him/her to do so.

As part of fulfilling its obligations under the commitment agreement, the DOSB has relaxed its guidelines on promotional activities of German athletes during the Olympic Games. For its part, the IOC has declared that these new guidelines would take precedence over Rule 40(3) of the Olympic Charter. However, it still remains to be seen whether in response to the conclusions of the German competition authority the IOC will finally change the contentious rule.

The Grand Chamber of the European Court of Human Rights refuses to pronounce itself on Claudia Pechstein’s case

Claudia Pechstein’s challenge against the CAS brought before the European Court of Human Rights (ECtHR) has not yielded the desired result for the German athlete. On 5 February 2019, a Panel of the Grand Chamber of the ECtHR decided that the Grand Chamber would not entertain the case. This means that the judgment handed down by the 3^rd Chamber of the ECtHR on 2 October 2018, in which the ECtHR confirmed that except for the lack of publicity of oral hearings the procedures of the CAS are compatible with the right to a fair trial under Article 6(1) of the European Convention on Human Rights, has now become final and binding. However, the protracted legal battle between the five-time Olympic champion in speed skating and the CAS is not over yet since there is one more challenge against the CAS and its independence pending before the German Constitutional Court. 

Sports Law Related Decisions

•  European Court of Human Rights – Decision on the application of Josip Šimunić against Croatia
• European Court of Justice – Opinion of Advocate General Tandev in the case C-22/18 TopFit e.V. and Daniele Biffi v. Deutscher Leichtathletikverband e.V.
• General Court of the European Union – Judgment of the General Court in the case T-679/16 Athletic Club v. European Commission
• General Court of the European Union – Judgment of the General Court in the case T-865/16 Fútbol Club Barcelona v. European Commission

Official Documents and Press Releases 

CAS

• CAS – Decision in the arbitration procedure between Worawi Makudi and FIFA: Sanction reduced
• CAS – Galatasaray v. UEFA – The Court of Arbitration for Sport reinstates the decision rendered by the UEFA Club Financial Control Body Investigatory Chamber and the resulting settlement agreement
• CAS – The CAS hearing in the arbitration procedure involving Caster Semenya, Athletics South Africa (ASA) and the International Association of Athletics Federations (IAAF) has concluded
• CAS – Caster Semenya, Athletics South Africa (ASA) and International Association of Athletics Federation (IAAF): Planning update
• CAS – The Court of Arbitration for Sport amends the periods of ineligibility of Ukrainian sprinters Olha Zemliak and Olesia Povh
• CAS – The Court of Arbitration for Sport issues decisions in 12 first-instance disciplinary procedures concerning Russian track and field athletes
• CAS – The Court of Arbitration for Sport upholds the appeal filed by Paris Saint-Germain
• CAS – The Court of Arbitration for Sport upholds the appeal of Stefan Luitz
• CAS – The European Court of Human Rights rejects the request of Claudia Pechstein to refer her case to the Grand Chamber of ECtHR

FIFA

• FIFA – Chelsea FC, The Football Association sanctioned for international transfers of minors
• FIFA – FIFA and Qatar announce joint venture to deliver 2022 FIFA World Cup
• FIFA – FIFA, CAF and African Union sign historic memorandum of understanding on education, anti-corruption and safety`
• FIFA – FIFA Council votes for the introduction of a revamped FIFA Club World Cup
• FIFA – FIFA’s big 5 transfer window analysis: $642.8m January outlay on international transfers
• FIFA – Infantino and Putin discuss World Cup legacy and continued support for Russian football
• FIFA – Joint statement from FIFA and CONMEBOL regarding Colombia
• FIFA – Portuguese club FC Porto sanctioned under third-party influence rules

IOC

• IOC – Independent research conducted on behalf of the IOC demonstrates global strength of the Olympic values
• IOC – IOC Evaluation Commission attests to sustainability of Stockholm-Are project in line with Olympic Agenda 2020
• IOC – IOC sanctions three athletes for failing anti-doping tests at London 2012
• IOC – IOC-supported guide outlines how sustainable venues can help conserve nature
• IOC – Levelling the field: A snapshot of how the IOC is advancing gender equality in sport
• IOC – Tokyo 2020 reveals progress on sustainability

UEFA

• UEFA – Aleksander Čeferin re-elected UEFA President until 2023
• UEFA – Investigatory Chamber opens investigation into Manchester City
• UEFA – UEFA and European Club Association sign memorandum of understanding

WADA

• WADA – WADA announces self-suspension of the Helsinki laboratory
• WADA – WADA declares the Democratic People’s Republic of Korea Anti-Doping Committee non-compliant with World Anti-Doping Code    
• WADA – WADA publishes Independent Observer Team report from 2018 Asian Games
• WADA – WADA removes gymnastics from compliance watchlist
• WADA – WADA removes Nigeria from World Anti-Doping Code non-compliant list
• WADA – WADA statement on police raids in Austria and Germany
• WADA – WADA update on progress regarding Moscow Laboratory data
• WADA – WADA welcomes latest Court of Arbitration for Sport decisions
• WADA – World Anti-Doping Code and International Standards review the main focus at 2019 WADA Annual Symposium
• WADA – WADA Athlete Committee publishes 2019 Symposium Athlete Session summary

Other

• Athletics Integrity Unit – Athletics Integrity Unit welcomes CAS decision to sanction 12 Russian athletes based on the evidence underlying the McLaren reports
• Bundeskartellamt – German athletes and their sponsors obtain further advertising opportunities during the Olympic Games following Bundeskartellamt action – IOC and DOSB undertake to change the advertising guidelines
• European Leagues – Accounting for football players and financial fair play
• General Court of the European Union – The General Court annuls the Commission’s decision classifying the tax regime of four Spanish professional football clubs as State aid
• International Paralympic Committee – IPC to lift Russia suspension
• Tennis Integrity Unit – David Nordfeldt suspended and fined for betting on tennis
• Tennis Integrity Unit – Mauricio Alvarez-Guzman banned for life for tennis match-fixing and associated corruption offences
• T.M.C. Asser Institute – Asser takes part in a research project on EU sports diplomacy
• United Nations Human Rights Council – Resolution on elimination of discrimination against women and girls in sport
• USADA – International anti-doping leaders call on watershed opportunity to reform anti-doping system

In the news

Doping

• Associated Press 9 people arrested in doping raids in Austria and Germany

• BBC Sport Doping bans for 12 Russian athletes including 2012 Olympic champion Ivan Ukhov
• BBC Sport Russia doping scandal: IAAF upholds ban on Russian athletes until further notice
• Sean Ingle Geraint Thomas says cycling now ‘one of the cleanest sports around’
• Sean Ingle Russia’s Paralympic doping ban lifted after IPC praises ‘significant reforms’
• Sean Ingle Team GB cyclist backs athletes’ movement after frustration with WADA
• Duncan Mackay France issue arrest warrants for former IAAF treasurer and senior coach of Russian athletics team
• Duncan Mackay Olympic and world champions among Russian athletes banned after CAS ruling
• Duncan Mackay Russian Athletics Federation President admits he expected athletes to be banned by CAS based on Rodchenkov evidence
• Dan Palmer Austrian skier admits to recent doping as drugs investigation continues, reports claim
• Dan Palmer CAS overturns disqualification of Alpine Skiing World Cup winner after oxygen tank row
• Dan Palmer Council of Europe approve Bańka as WADA President candidate
• Dan Palmer International Paralympic Committee confirm conditional reinstatement of Russia
• Dan Palmer Twenty-one athletes suspected of being part of international doping ring following Seefeld raid
• Dan Palmer Ukrainian sprinters fail in bid to get drugs bans overturned at CAS
• Dan Palmer WADA finish upload of Moscow Laboratory data and prepare to check for authenticity
• Sportschau Bloody Business – new details emerge after doping raid

Football

• Ed Aarons Criminal or whistleblower? The story of the man behind Football Leaks
• Ed Aarons Manchester City set to add third-tier Chinese club to global portfolio
• David Conn Re-elected Čeferin stresses UEFA opposition to European Super League
• David Conn UEFA launches formal investigation into Manchester City’s FFP conduct
• Helen Davidson He’s free, but who’s to blame for Hakeem al-Araibi’s ordeal?
• Helen Davidson Human error and outdated IT led to Hakeem al-Araibi’s detention, says border force official
• Helen Davidson and Hannah Ellis-Petersen Hakeem al-Araibi on flight to Australia after release in Thailand
• Helen Davidson and Hannah Ellis-Petersen Hakeem al-Araibi: Power, politics, football and the will of the people
• Rob Harris FIFA explores Kuwait and Oman as 2022 World Cup co-hosts
• David Hytner Chelsea to appeal after being hit with transfer ban for two windows by FIFA
• David Hytner and Dominic Fifield Chelsea ‘astonished’ after FIFA rejects club’s request to freeze transfer ban
• Mike Hytner and Helen Davidson Hakeem al-Araibi: FFA cancels team trip to Thailand in support of refugee footballer
• Sean Ingle FIFA facing urgent calls to investigate Qatar World Cup bid claims
• Duncan Mackay Court of Arbitration for Sport lift FIFA ban on Makudi after successful appeal
• Duncan Mackay Former Socceroos captain claims Australia decision to support Sheikh Salman AFC election campaign is ‘sickening’
• Duncan Mackay Sheikh Salman to be re-elected unopposed as President of AFC after last opponent withdraws
• James Montague and Tariq Panja Ahead of Qatar World Cup, a Gulf feud plays out in the shadows
• Dan Palmer Former FIFA senior vice president Chung handed six-and-a-half year ban
• Dan Palmer UEFA charge Montenegro over alleged racist abuse against England
• Tariq Panja Feud over soccer piracy deepens as A.F.C. ends beIN sports contract
• Tariq Panja FIFA approves plan for new Club World Cup, to Europe’s dismay
• Tariq Panja Hacker who leaked soccer’s secrets loses extradition hearing
• Press Association Cardiff to tell FIFA that Emiliano Sala’s transfer from Nantes was invalid
• Barney Ronay Sportswashing and the tangled web of Europe’s biggest clubs

Other

• Graham Dunbar Victory for Olympic athletes in Germany to promote sponsors
• EurekAlert! Testosterone limits for female athletes based on ‘flawed’ research
• Bryan Armen Graham Colin Kaepernick reaches settlement with NFL over kneeling protest fallout
• Saja Hindi 51 women, girls sue U.S. Olympic Committee in federal court in Colorado for failing to stop sexual abuse by Larry Nasar
• Sean Ingle Caster Semenya: IAAF denies it wants to classify athlete as biological male
• Sean Ingle Caster Semenya is ‘unquestionably a woman’ say her lawyers
• Sean Ingle Caster Semenya case verdict postponed until end of April
• Sean Ingle F1 accused of ‘turning blind eye’ over activist’s jailing in Bahrain
• Sean Ingle Sports stars weigh in on row over transgender athletes
• Duncan Mackay American hijab pioneer slams French politicians campaigning against it in Paris 2024 build-up
• Duncan Mackay Row over sale of running hijab highlights divisive nature of debate in Paris 2024 build-up
• Duncan Mackay Takeda officially no longer an IOC member after resignation accepted
• Dan Palmer Government commissioned survey predicts financial boost for Italy if country wins race for 2026 Winter Olympics
• Dan Palmer Semenya accuses Coe of ‘reopening old wounds’ as war of words intensifies

Academic Materials

International Sports Law Journal

• Antonio Di Marco The International Governance of Sporting Organisations: International Convergences on an Idea of Democracy
• Johan Lindholm The Netflix-ication of Sports Broadcasting
• Roger Pielke Jr., Ross Tucker and Erik Boye Scientific Integrity and IAAF Testosterone Regulations
• Hubert Radke Basketball Arbitral Tribunal (BAT) as a ‘Lawmaker’: The Creation of Global Standards of Basketball Contracts Through Consistent Arbitral Decision-Making 

Other

• Simon Boyes Ken Foster and the Genesis of Sports Law: A Personal Perspective
•  Ken Foster Global Sports Law Revisited
• Steve Greenfield, Mark James and Guy Osborn Ken Foster and the Development of UK Sports Law: A Reflective Interview
• Harvard Journal of Sports & Entertainment Law Volume 10, Issue 1`
• Ivan Waddington and Verner Moller WADA At Twenty: Old Problems and Old Thinking?

Blog

Law in Sport

• Carlos Carnero and Eduardo Montejo Why Spain’s approach to taxing image rights and agency income is discouraging overseas footballers
• Alex Haffner and Thomas Edwards Sailing into choppy waters? World Sailing under the competition law microscope
• Wouter Janssens The Basketball Arbitral Tribunal’s policy on publishing written reasons – does it strike the right balance between speed and legal certainty?
• Douglas N. Masters How technology is improving the fan experience – and creating legal challenges for clubs and leagues
• Elio Andrea Palmitessa Managing athlete image rights in Italy: Key considerations for structuring and accounting under the new tax regime
• Katarina Pijetlovic FINA’s decision to allow market access to rival competitions – a turn of the tide in professional swimming
• Celia Rooney A cautionary tale for arbitrators in sports law disputes – lessons from Fleetwood Wanderers v AFC Fylde
• Tom Rudkin Litigation privilege hammered? Key points for sports organisations on the scope of litigation privilege from the West Ham Stadium case
• Rustam Sethna A case for ending football’s mid-season transfer window
• Aaron Swerdlow In-stadium, real-time sports betting in the United States – an overview of legal issues facing clubs and leagues
• Leigh Thompson An assessment of the Council of Europe’s recommendations on the promotion of good governance in sport

Other

• Hakeem al-Araibi Running from Bahrain’s dark side
• Andy Brown Caster Semenya’s challenge to the DSD regulations: It’s complicated…
• Rafael Buschmann, Nicola Naber and Michael Wulzinger Possible conflict of interest dogs Football Leaks probe
• Paul Dimeo and Verner Moller The horror of the scapegoat
• Kelsey Erickson and Susan Backhouse Whistleblowing – Athletes shouldn’t have to choose between their careers and the truth
• Sean Ingle Court has Semenya’s career in its hands – and decision could affect all of sport
• Sean Ingle Football needs to get house in order over concussion, and it is not alone
• Katrina Karkazis Stop talking about testosterone – there’s no such thing as a ‘true sex’
• Alex Kay-Jelski There is no evidence of a crusade to obliterate women’s sport
• Alex Kelham German Olympians win relaxation of marketing rules
• Despina Mavromati No surprises – The first IOC appeal against a CAS award (CAS 2017/A/5379) dismissed by the Swiss Federal Tribunal
• Ann Peel The debate in sports over the definition of womanhood is paternalistic – and hypocritical
• Najah Yusuf Every moment I spend in prison in Bahrain stains the reputation of F1

Upcoming Events

• 26-27 April – Football, Finance and the Law, Lille, France
• 8 May – FIFA and Human Rights: Impacts, Policies and Responsibilities, T.M.C. Asser Institute, The Hague, Netherlands
• 16-18 May – 45^th Annual Sports Lawyers Association Conference, JW Marriott Desert Ridge, Phoenix, USA
• 22-23 May – Football Law 2019: Player Transfers, Agents, Politics and the Business of Football, London, UK
• 13-14 June – EU Law in Sport: Latest Trends, Brussels, Belgium
• 27-28 June – 14^th Sport&EU Annual Conference, Valleta, Malta
• 30 June -14 July – CLS Summer School 2019: Global Law of Sport, Patejdlova Bouda, Giant Mountains, Czech Republic
• 12-13 September – Understand the Rules of the Game 2019: LawInSport Annual Conference, London, UK
• 13-16 October – Play the Game 2019: Athlete Power on the Rise, Colorado Springs, USA
• 24-25 October – Third Annual International Sports Law Conference of the International Sports Law Journal, T.M.C. Asser Institute, The Hague, Netherlands