Asser International Sports Law Blog

Editor's note: This report compiles the most relevant legal news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser.

The Headlines

Manchester City sanctioned by UEFA’s Financial Fair Play

Manchester City has been sanctioned under UEFA’s Financial Fair Play (FFP) regulations for two seasons for ‘overstating its sponsorship revenue in its accounts and in the break-even information’ it had provided UEFA. The February 14 decision of the Adjudicatory Chamber of the Club Financial Control Body (CFCB) likely heralds the start of a long and bitter legal war between Manchester City and UEFA, which may end up settling many of the questions surrounding the legality of FFP rules. Since its introduction in 2010, the compatibility of FFP with EU law, especially in terms of free movement and competition law, has been a continued point of contention amongst the parties concerned and commentators (see discussion here, here and here). It was only a matter of time that a case would arise to test this issue and the present circumstances seem to indicate that this may go all the way.

Regardless, the ban will not be enforced this season and in light of the appeal process, it is hard to predict when the CFCB’s decision will have any effect. Indeed, Manchester City has shown an incredible willingness to fighting this out in the courts and shows no signs of backing down. The next stop will be the CAS and perhaps followed by the Swiss Federal Tribunal. It should also be recalled that the CAS has already examined FFP in its Galatasaray award, where it found FFP compatible with EU law (see commentary here). There is even a decent chance that this emerging saga may end up in front of the European Commission and eventually the Court of Justice of the European Union.

Sun Yang CAS award published

After a much-anticipated public hearing, the Panel’s award in the Sun Yang case has finally been published, sanctioning Sun Yang with an eight-year period of ineligibility (see here for a detailed commentary). The decision does not reveal anything groundbreaking in terms of its legal reasoning and in many ways the case will most likely be remembered for its historical significance: the case that jumpstarted a new era of increased public hearings at the CAS.

Perhaps of some interest is the extent to which the panel took into account Sun Yang’s behavior during the proceedings in order to support its assessment of the case. For example, the panel describes how Sun Yang had ignored the procedural rules of the hearing by inviting ‘an unknown and unannounced person from the public gallery to join him at his table and act as an impromptu interpreter’. The Panel interpreted this as Sun Yang attempting ‘to take matters into his own hands’ which it found resembled the athlete’s behavior in the case (see para 358). The Panel also found it ‘striking’ that Sun Yang did not express any remorse concerning his actions during the proceedings. Since the proceedings were held publicly and have been recorded, it is possible to verify the Panel’s assessment in this regard.

In the end, it is possible that Sun Yang may seek to reduce the period of ineligibility once the 2021 WADA Code comes into force (see para 368). For now, Sung Yang may also try to appeal the award to the Swiss Federal Tribunal on procedural grounds, and has already indicated his wish to do so.

Major International Sports Law Decisions

Recently Released CAS Decisions (since December 2019) where FIFA is a party:

CAS - CAS 2019/A/6278 Cruzeiro EC v. FIFA
CAS – CAS 2019 A 6276 Eskisehir Kulübü Dernegi v. Ruud Boffin & FIFA
CAS - CAS 2019 A 6345 Club Raja Casablanca v. FIFA
CAS - CAS 2019 A 6406 Football Association of Penang v. FIFA
CAS - CAS 2019 A 6268 Clube Atlético Mineiro v. FIFA
CAS - CAS 2018 A 5560 & 5650 Kuwait FA v. FIFA
CAS - CAS 2019 A 6027 Sociedade Esportiva Palmeiras v. FIFA
CAS - CAS 2019 A 6305 Club Raja Casablanca v. FIFA
CAS - CAS 2017 O 5264 & 5265 & 5266 Miami FC & Kingston Stockade FC v. FIFA, CONCACAF & USSF
CAS - CAS 2019 A 6239 Cruzeiro EC v. FIFA

Official Documents and Press Releases

CAS

FIFA

IOC

WADA

Other

Athletics Integrity Unit – First Instance Decision: Peter Kewmoi
Athletics Integrity Unit – First Instance Decision: Ruth Jebet
Athletics Integrity Unit – First Instance Decision: Virjilio Griggs
Fédération Equestre Internationale (FEI) – FEI Tribunal issues Final Decisions
Fédération Equestre Internationale (FEI) – Prohibited substance cases under FEI anti-doping rules
FIBA - Mexican Basketball Federation suspended
FIBA - Luxembourg Appeals Court rules in favor of FIBA Europe in Euroleague case
FINA - FINA STATEMENT - Sun Yang (CHN)
FIVB – Legal Commission praises the FIVB’s principles of transparency and good governance
Global Athlete – Global Athlete Survey Results: Athlete Rights, Welfare and Representation
Global Athlete – Athlete Groups Calling for an Open Hearing at Court of Arbitration of Sport for the RUSADA Proceedings
Global Athlete – Weightlifting Athletes Support the Independent Investigation Being Led by Mr. Richard McLaren
International Biathlon Union – IBU Anti-Doping Hearing Panel renders verdicts on Sleptsova and Ustyugov
International Luge Federation (FIL) - FIL President Fendt announces penalty for Summer Britcher
International Tennis Federation – 2019 Tennis Anti-Doping Programme testing summary
UEFA - UEFA and CONMEBOL renew Memorandum of Understanding to enhance cooperation
UEFA - Club Financial Control Body Adjudicatory Chamber decision on Manchester City Football Club
World Curling - Membership of Polish Curling Association suspended

In the News

Football

Tariq Panja - Audit Finds Suspicious Financial Dealings in African Soccer
Martyn Ziegler - Manchester City demanded damages from ‘unlawful’ Uefa after Champions League ban recommendation, court documents reveal
Philippe Auclair and Pål Ødegård – Out of Africa
Tariq Panja and Rory Smith - Manchester City Banned From Champions League for 2 Seasons
Rory Smith - Manchester City Vows to Fight, Because Losing Is Unthinkable
Florian Soenen - Manchester City sanctionné : « Le Tribunal arbitral du sport pourrait considérer qu’il y a une inégalité avec le PSG »
Jonathan Liew - Manchester City backers are not the sort to take Uefa's punishment lying down
Associated Press - Soccer official challenges 10-year FIFA ban for self-dealing
David Conn - Manchester City offer an olive branch now Uefa holds all the power
Andrew Das - U.S. Women’s Soccer Team Sets Price for Ending Lawsuit: $67 Million
Tariq Panja - FIFA, Seeking $1 Billion for Club World Cup, Hires U.S. Firm to Find It
Graham Dunbar - A look at the legal issues in Man City’s appeal against UEFA

Doping

Ali Iveson - Anti-doping testing in China suspended because of coronavirus fears
Christoph Becker – Keine Transparenz im Anti-Doping-Kampf
Graham Dunbar - Swimming authorities worked to protect Sun Yang from ban
Tariq Panja - Dear CAS: With Flurry of Letters, Russia May Delay Olympic Ban
Graham Dunbar - Olympic champion Sun Yang banned for 8 years in doping case

Other

Eddie Pells - Survey finds Olympic, elite athletes struggling financially
Andrew Keh and Ben Dooley - Grappling With Coronavirus, Tokyo Olympic Leaders Have No Good Options
Alex Capstick and Rachel Nickolds - Blake Leeper: Paralympian appeals to CAS in bid to make 2020 Olympics

Academic Materials

International Sports Law Journal

Chui Ling Goh - To what extent does the Paralympic Games promote the integration of disabled persons into society?

Other

Steven A. Bank - FIFA, Forced Arbitration, and the U.S. Soccer Lawsuits

Blog

Asser International Sports Law Blog

Thomas Terraz - How 2019 Will Shape the International Sports Law of the 2020s

Law in Sport

Despina Mavromati - Riza v Turkey: European Court of Human Rights gives further guidance on establishing independent arbitral tribunals
Christopher Flanagan - Manchester City's Financial Fair Play ban: the legal questions and consequences
Christopher Chase - Rule 40 in the United States: new opportunities for sponsors but with strings attached
Viktoria Tsvetanova - How competition law is shaping Olympic sponsorship: Part 1 – the origins and evolution of Rule 40
Viktoria Tsvetanova - How competition law is shaping Olympic sponsorship: Part 2 – Germany's Competition Authority helps ease restrictions on athletes
Celia Rooney - For the love of money: exploring the decision in the Saracens salary cap case
Jack Anderson - A detailed review of the CAS Panel’s decision in WADA v Sun Yang & FINA

Play the Game

Stanis Elsborg - A fist of freedom or a fist of iron? Rule 50 and the Olympic paradox

SportLegis

Despina Mavromati - Sun Yang v. WADA & FINA – A CAS letter on the admissibility of the appeal is not an appealable decision to the Swiss Federal Tribunal

Upcoming Events

18-19 June 2020 – Sport & EU 2020 Annual Conference, Rijeka and Opatija, Croatia

The Headlines

IOC Athlete Commission releases its Rule 50 Guidelines for Tokyo 2020

The IOC Athlete Commission presented its Rule 50 Guidelines for Tokyo 2020 at its annual joint meeting with the IOC Executive Board. It comes as Thomas Bach had recently underlined the importance of political neutrality for the IOC and the Olympic Games in his New Year’s message. Generally, rule 50 of the Olympic Charter prohibits any political and religious expression by athletes and their team during the Games, subject to certain exceptions. The Guidelines clarify that this includes the ‘field of play’, anywhere inside the Olympic Village, ‘during Olympic medal ceremonies’ and ‘during the Opening, Closing and other official ceremonies’. On the other hand, athletes may express their views ‘during press conferences and interview’, ‘at team meetings’ and ‘on digital or traditional media, or on other platforms. While rule 50 is nothing new, the Guidelines have reignited a debate on whether it could be considered as a justified restriction on one’s freedom of expression.

The IOC has made the case that it is defending the neutrality of sport and that the Olympics is an international forum that should help bring people together instead of focusing on divisions. Specifically, Richard Pound has recently made the argument that the Guidelines have been formulated by the athletes themselves and are a justified restriction on free expression with its basis in ‘mutual respect’. However, many commentators have expressed their skepticism to this view (see here, here and here) citing that politics and the Olympics are inherently mixed, that the IOC is heavily involved in politics, and that the Olympics has often served as the grounds for some of history’s most iconic political protests. All in all, the Guidelines have certainly been a catalyst for a discussion on the extent to which the Olympics can be considered neutral. It also further highlights a divide between athlete committees from within the Olympic Movement structures and other independent athlete representation groups (see Global Athlete and FIFPro’s statements on rule 50).

Doping and Corruption Allegations in Weightlifting

The International Weightlifting Federation (IWF) has found itself embroiled in a doping and corruption scandal after an ARD documentary was aired early in January which raised a wide array of allegations, including against the President of the IWF, Tamás Aján. The documentary also included hidden camera interviews from a Thai Olympic medalist who admits having taken anabolic steroids before having won a bronze medal at the 2012 London Olympic Games and from a team doctor from the Moldovan national team who describes paying for clean doping tests. The IWF’s initial reaction to the documentary was hostile, describing the allegations as ‘insinuations, unfounded accusations and distorted information’ and ‘categorically denies the unsubstantiated’ accusations. It further claims that it has ‘immediately acted’ concerning the situation with the Thai athletes, and WADA has stated that it will follow up with the concerned actors. However, as the matter gained further attention in the main stream media and faced increasing criticism, the IWF moved to try to ‘restore’ its reputation. In practice, this means that Tamás Aján has ‘delegated a range of operation responsibilities’ to Ursual Papandrea, IWF Vice President, while ‘independent experts’ will conduct a review of the allegations made in the ARD documentary. Richard McLaren has been announced to lead the investigation and ‘is empowered to take whatever measures he sees fit to ensure each and every allegation is fully investigated and reported’. The IWF has also stated that it will open a whistleblower line to help aid the investigation.

Major International Sports Law Decisions

European Court of Human Rights - Judgment Ali Riza and Others v. Turkey - system for settling football disputes must be reformed

Official Documents and Press Releases

FIFA

IOC

WADA

Other