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 CAS award in RFC Seraing v. FIFA

On 10 March 2017, FIFA published a short press release which praised the long-awaited award delivered by the CAS in the appeal of the Belgian football club RFC Seraing against FIFA’s decision. The French version of the award is now available on the CAS’s website.

The dispute in question emerged from agreements concluded between RFC Seraing and Doyen Sports Investments Limited, a private investment company known for its engagement in the acquisition of professional football players’ economic rights (Doyen). These agreements allowed Doyen to (i) influence the independence and the policy of the Belgian club; and (ii) receive an indemnity payable in connection with the future transfer of certain players. In September 2015, the FIFA Disciplinary Committee held that by entering into these agreements, RFC Seraing violated Articles 18bis and 18ter of the Regulations on the Status and Transfer of Players (RSTP) prohibiting the third-party influence on clubs and the third-party ownership of players’ economic rights. As a result, the Belgian club was banned from registering players on a national and international level for four consecutive registration periods and obliged to pay a fine of CHF 150,000.

On appeal, the CAS Panel has confirmed that Articles 18bis and 18ter RSTP are valid under European law and Swiss law. Having considered the sanction imposed by the FIFA Disciplinary Committee on RFC Seraing disproportionate, the CAS Panel reduced the transfer ban from four to three consecutive registration periods. For an in-depth analysis of the award, we invite you to read the recent blog written by our senior researcher Mr Antoine Duval.

The CAS award in Olga Abramova v. International Biathlon Union

On 1 January 2016, WADA prohibited the use of meldonium for the first time. A few days later, Ms Olga Abramova, a Russian-born Ukrainian biathlete, underwent an in-competition doping control which revealed the presence of meldonium in her body. An independent investigation was conducted by the Anti-Doping Hearing Panel (ADHP) of the International Biathlon Union. On 14 November 2016, the ADHP rendered a decision in which (i) Ms Abramova was found to have committed an anti-doping rule violation (meldonium); and (ii) a one-year period of ineligibility was imposed on her. Eventually, Ms Abramova appealed the said decision before the CAS.

In its press release dated 19 April 2017, the CAS announced that the appeal filed by Ms Abramova had been partially upheld. The CAS Panel has found to its comfortable satisfaction that Ms Abramova fulfilled her obligation to ensure that meldonium did not enter her body after 1 January 2016 (i.e. the date when meldonium was added to the list of prohibited substances). In other words, Ms Abramova ‘could not reasonably have known or suspected even with the exercise of utmost caution that meldonium could still be detected in her blood after 1 January 2016’. Accordingly, the CAS Panel has cancelled the one-year period of ineligibility imposed on Ms Abramova. It should be noted, however, that, in accordance with WADA Guidelines, the CAS Panel has confirmed the disqualification of any results achieved by Ms Abramova between 10 January 2016 and 3 February 2016.

France investigates potential corruption linked to the selection procedure for the 2018 and 2022 FIFA World Cup

Following the United States and Switzerland, France has recently become the third country to open a criminal investigation into potential corruption relating to the selection procedure for the 2018 and 2022 FIFA World Cup finals which are scheduled to take place in Russia and Qatar respectively. The Parquet National Financier, a French authority responsible for law enforcement against serious financial crime, has reportedly interviewed the former FIFA President Mr Joseph Blatter. The former UEFA President Mr Michel Platini, who admitted in the past that he had eventually decided to cast his vote for Qatar following a lunch with the former French President Mr Nicolas Sarkozy and senior Qatari officials, has not been interrogated by French authorities yet.

Sports Law Related Decisions

• CAS – Award delivered in the arbitration between RFC Seraing and FIFA
• Comisión Nacional de los Mercados y la Competencia (Spanish competition authority) – Decision on Liga Endesa and its anticompetitive behaviour
• European Commission – Decision on support from central government of the Czech Republic to non-profit sport facilities

Official Documents and Press Releases

• CAS – CAS cancels the one-year period of ineligibility imposed on Olga Abramova
• CAS – CAS issues decisions in the cases of Stanislav Emelyanov, Ekaterina Poistogova, Vladimir Kazarin and Alexey Melnikov
• FIFA – Activity report 2016
• FIFA – Agenda of the 67^th FIFA Congress
• FIFA – FIFA publishes new annual reports and confirms target result of USD 100 million for cycle
• FIFA – Financial report 2016
• FIFA – Football official Richard K. Lai banned by independent Ethics Committee for 90 days from all football activities
• FIFA – Governance report 2016
• IAAF – Independent Athletics Integrity Unit is operational
• IOC – IOC sanctions three athletes for failing anti-doping test at Beijing 2008 and London 2012
• IOC – IOC sanctions two athletes for failing anti-doping test at Beijing 2008 and London 2012
• Paralympic Movement – CAS decision on Russian Paralympic Committee confirmed by the Swiss Federal Tribunal
• UEFA – Three clubs exit settlement agreement with CFCB
• UEFA – UEFA Congress approves good governance reforms
• WADA – 2015 Anti-doping rule violations report
• WADA – Statement regarding Italian Tribunal decision on Michele Ferrari and entourage
• WADA – Statement on ARD documentary
• WADA – WADA reinstates the Madrid Laboratory
• WADA – WADA removes Brazil from the World Anti-Doping Code non-compliant list
• WADA – Yemen ratifies UNECO Anti-Doping Convention

In the news

Doping

• AFP News UK chief calls for more money in fight against doping
• The Associated Press 5 Russians banned for doping at Olympics
• The Associated Press IAAF clears 2 Russian world champions, 5 others to compete
• The Associated Press Lawmaker in Russia fights Olympic doping case at CAS
• Andy Brown Meldonium 2.0? Jamaican case highlights need for clenbuterol thresholds
• Hajo Seppelt and Thilo Neumann IOC sweeps test results under the carpet
• Sky Sports UEFA unhappy with WADA over Mamadou Sakho’s ban
• Joscha Weber Doping pressure mounts on IOC at German parliament

Football 

• Andy Brown CONMEBOL publishes details of suspicious bank transfers totalling USD 129 million
• CIES Football Observatory The Champions League among the most unbalanced competitions
• David Conn France investigates votes for 2018 and 2022 World Cups and questions Blatter
• David Conn Newcastle United and West Ham raided in HMRC tax fraud investigation
• Rob Harris Anglo-French soccer fraud probe sees raids on teems, arrests
• Liam Morgan Sheikh Ahmad resigns from all footballing roles following alleged corruption link
• MSN Qatar football official wins FIFA ban appeal
•  Reuters FIFA compliance official pleads guilty in U.S. bribery case
• Reuters Genoa defender Armando Izzo banned for 18 months over match-fixing claims
• Charles Sale FIFA legal bills for investigation into corruption in football hit £80 million mark
• Stephan Uersfeld DFB backs Bild over claims of Russian censorship for Confederations Cu

Other

• Nick Butler IOC ban 2024 candidate cities from Pan-American Sports Organisation General Assembly
• Bryan Armen Graham eSports to be a medal event at 2022 Asian Games
• Craig Lord Governance review lawyers tell FINA that Ethics Panel must have stand-alone powers
• Reuters CAS upholds Mexican player’s appeal against match-fixing ban

Academic Materials

 International Sports Law Journal, April 2017, Volume 16, Issue 3

• Johan Lindholm Editorial to the International Sports Law Journal, Volume 16, Issue 3-4
• Mordehai Mironi The Promise of Mediation in Sports-related Disputes
• Oskar van Maren How to Bail Out Your Local Club: The Application of the State Aid Rules to Professional Football Clubs in Financial Difficulty
• Antoine Duval The Russian Doping Scandal at the Court of Arbitration for Sport: Lessons for the World Anti-Doping System
• Paolo Garraffa Michael Jordan’s Who? The Trade Mark Litigation between Michael Jordan and ‘Qiaodan’ Sports
• Terence D. Brennan Over Compensation: The Battle for Training Compensation and Solidarity in United States Soccer
• Salomeja Zaksaite and Karolis Radoševičius Manipulation of Competitions in Formula 1: Where Policy Ends and Cheating Begins
• Jonathan G. Merritt ‘Don’t Look a Gift Horse in the Mouth: Regulating for Integrity, What Equestrianism Can Learn from Thoroughbred Racing’
• Claire Sumner The Spirit of Sport: The Case for Criminalisation of Doping in the UK

Others

• Borja García A New Horizon in European Sports Law: The Application of the EU State Aid Rules Meets the Specific Nature of Sport
• John Grady Analysing Rule 40’s Restrictions on Using Athletes in Olympic Sponsorship at Rio 2016
• Maureen Weston The Regulation of Doping in U.S. and International Sports
• Salomeja Zaksaite and Karolis Radoševičius Manipulation of Competitions in Formula 1: Where Policy Ends and Cheating Begins

Blog

Asser International Sports Law Blog

• Antoine Duval RFC Seraing at the Court of Arbitration for Sport: How FIFA’s TPO Ban Survived (Again) EU Law Scrutiny
• Saverio Spera The Validity of Unilateral Extension Options in Football – Part 1: A European Legal Mess
• Adriaan Wijckmans The Legality of Surety Undertakings in Relation to Minor Football Players: The Lokilo Case

Law in Sport

• Thomas Barnard Six key points for footballers to consider when signing their first professional contract
• Lydia Banerjee How a change in approach could help tackle racism in football – The Jonjo Shelvey case
• Manali Kulkarni Child welfare in sport – How different countries approach mitigating the risks relating to contact sports for children
• Despina Mavromati The application of Swiss law in doping cases before the CAS and the Swiss Federal Tribunal
• Zane Shibab, James Thorndyke and Thomas Gibby How to recover prize money from doping athletes: Lessons for event organisers from the Shobukhova case
• Jamie Singer and Leon Farr Changing nationality in sport: Where should we draw the line? A review of the Aljaz Bedene case

Others

• Aage Radmann Another book about football hooliganism – is that really necessary?
• Andreas Selliaas How far should governments go controlling the governance of international sports federations?
• Ross Tucker On the Jamaican clenbuterol positives: A procedural failure and credibility black hole
• Mike Woitalla How FIFA rules hurt immigrant children in the USA

Upcoming Events 

• 7-9 June – International Conference on Doping and Public Health, Thon Hotel Ullevaal Stadion, Oslo, Norway
• 29-30 June – Sport & EU 12^th Annual Conference, Molde University College, Molde, Norway
• 26-27 October – ISLJ Annual Conference on International Sports Law, T.M.C. Asser Institute, The Hague, the Netherlands. Save the date!

 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 CAS award in Joseph S. Blatter v. FIFA

In the first half of March, the CAS published its long-awaited award in the arbitration procedure between FIFA’s former President Mr Joseph S. Blatter and FIFA itself. The Panel dismissed the appeal filed by Mr Blatter against the decision rendered by the FIFA Appeal Committee on 16 February 2016. As a result, Mr Blatter remains banned from taking part in any football-related activity at national and international level for six years as of 8 October 2015.

The dispute in question concerned (i) a payment of CHF 2,000,000 made by FIFA to Mr Michel Platini in early 2011 allegedly remunerating work performed by Mr Platini for FIFA between January 1999 and June 2002; and (ii) Mr Blatter’s alleged authorization which entitled Mr Platini to receive credit towards his FIFA ExCo pension fund for his service to FIFA from 1998 to 2002. With regard to the former, the Panel held that assuming there actually had been an oral agreement between Mr Blatter and Mr Platini dating back to 1998, such an agreement would nevertheless have been superseded by the written employment contract signed in August 1999 (according to that contract, Mr Platini were to be remunerated ‘only’ CHF 300,000 a year). Consequently, the Panel concluded that there was no contractual basis for the payment of CHF 2,000,000 in favour of Mr Platini. In respect of the second point of contention, namely the contribution towards Mr Platini’s FIFA ExCo pension fund, the Panel held that Mr Platini was simply not entitled to receive such a contribution for his service to FIFA from 1998 to 2002, as he became a member of the FIFA Executive Committee only in 2002.

The CAS award in Seraing FC v. FIFA 

The dispute between the Belgian football club Seraing FC and FIFA has its roots in the decision rendered by the FIFA Disciplinary Committee in September 2015. In this decision, the FIFA Disciplinary Committee imposed a transfer ban (four consecutive registration periods) and a fine of CHF 150,000 on Seraing FC for violating Articles 18bis and 18ter of the Regulations on the Status and Transfer of Players which prohibit the third-party influence on clubs and the third-party ownership of players’ economic rights (TPO) respectively. The Belgian club challenged the said decision (as confirmed by the FIFA Appeal Committee) before the CAS.

In its press release dated 10 March 2017, FIFA expressed its content with the award delivered by the CAS. According to FIFA, ‘the CAS has recognized and confirmed the validity of FIFA’s ban on TPO, which was adopted in order to preserve the independence of clubs and players in matters of recruitment and transfer, and to ensure the integrity of matches and competitions’. The CAS has not yet published the award, nor has it issued any statement in this regard.

WADA calls upon athletes and other persons to ‘Speak Up!’ 

On 9 March 2017, WADA launched a new digital platform called ‘Speak Up!’, which seeks to encourage athletes and others to come forward and report (i) alleged Anti-Doping Rule Violations under the World Anti-Doping Code (Code); (ii) non-compliance violations under the Code; or (iii) any act or omission that could undermine the fight against doping in sport. On this occasion, WADA’s Director General, Mr Olivier Niggli, stated that ‘WADA’s independent Pound and McLaren Investigations, which were both triggered by whistleblowers, highlighted the importance of these individuals to the Agency and to clean sport on the whole’. The platform is accessible via a secure app for iPhone and Android phones.

Sports Law Related Decisions

• CAS – Award delivered in the arbitration between Mr Alex Schwazer and IAAF
• CAS – Award delivered in the arbitration between Mr Arijan Ademi and UEFA
• CAS – Award delivered in the arbitration between Mr Joseph S. Blatter and FIFA
• Sport Resolutions (UK) – Award delivered in the arbitration between Aljaž Bedene, The Lawn Tennis Association Limited (applicants) and ITF (respondent)

Official Documents and Press Releases

• CAS – CAS registers two appeals filed by the Bolivia Football Federation
• CAS – Dr Sergei Portugalov sanctioned with lifetime ban
• CAS – FIS refers the case of Therese Johaug to the CAS
• CAS – Harold Mayne-Nicholls files an appeal at the CAS
• CAS – Settlement agreement in the case of FK Partizan v. UEFA
• FIFA – Circular on ‘Limited minor exception’
• FIFA – FIFA completes internal investigation, shares findings with authorities
• FIFA – FIFA rejects appeal of Sevilla FC against sanctions under third-party influence rules
• FIFA – FIFA suspends Malian Footbal Association
• FIFA – FIFA welcomes CAS award recognising compatibility of TPO ban with EU law
• FIFA – Human Rights Advisory Board meet in Zurich
• FIFA – Informative note on the eligibility checks
• FIFA – Match official banned for life due to match manipulation
• FIFPro – Football player sanctions: Legal opinion
• IOC – Declaration of the IOC Executive Board
• IOC – IOC launches bold initiative on gender equality
• UEFA – Zero tolerance for match-fixing
• WADA – The athlete voice, compliance and whistleblowing take centre stage at WADA Annual Symposium
• WADA – WADA encouraged by signs of progress within Russia after President Vladimir Putin urges country to heed demands of McLaren Investigation
• WADA – WADA launches ‘Speak Up!’ – A secure digital platform to report doping violations
• WADA – WADA removes Spain from the list of Signatories deemed non-compliant with the World Anti-Doping Code

In the news

Doping 

• Anti-Doping Database FIS wants reasonably extended ban for Norwegian cross-country skier
• Nick Butler Anti-doping claimed to cost sport $ 300 million each year
• Nick Butler Isinbayeva reappointed head of Russian Anti-Doping Agency in face of WADA opposition
• Nick Butler USOC propose exclusion of Olympic officials from WADA governance
• Daniel Etchells iNADO publishes list of measures aimed at reforming WADA’s governing structures
• Global News World Anti-Doping Agency headquarters staying in Montreal until at least 2021
• Le Monde L’Agence mondial antidopage exige un système transparent
• Sputnik International Putin denies state-sponsored doping in Russia, vows to boost anti-doping efforts
• Sputnik International WADA needs Russian Anti-Doping Agency back in fold to secure funding

Football

• BBC Franz Beckenbauer questioned by prosecutors in 2006 World Cup fraud inquiry
• Andy Brown FA publishes written reasons for Manchester City ‘whereabouts’ fine
• Daily Sabah CAS rejects Trabzonspor’s appeal against UEFA’s match-fixing decision
• David Davutovic Exciting Australian prospect Seb Pasquali still waiting for FIFA clearance to join Ajax youth team
• Graham Dunbar FIFA to review pay, pension deals for Council members
• Rob Harris Russia World Cup head Vitaly Mutko barred from FIFA Council
• Elias Meseret Hayatou’s reign ends as African soccer head and FIFA VP
• Reuters Argentine FA faces possible FIFA ban
• Reuters FIFA looks to ease the fixture burden on players
• TASS Russian football player Eremenko to challenge UEFA’s decision with CAS
• The Guardian – Premier League launches major fightback against illegal streaming
• The Guardian – UEFA President hints at luxury tax and transfer changes to rein in rich clubs
• Max Winters – Equatorial Guinea launch CAS appeal against international football tournaments ban
• Yahoo! Sports FIFA ban Nigeria’s Adamu for two years

Other

• Yann Bouchez Evidence of corruption over Rio’s bid for the 2016 Olympic Games
• Nick Butler Paris 2024 become first Olympic bid to receive sustainability award
• Reuters Athletics: Fredericks steps aside from IAAF Taskforce
• Reuters IOC Ethics Committee looks into Rio payment claims
• The Times of India IOC cuts off funding to Kenya, suspension possible next week

Academic Materials

• Antoine Duval The Russian Doping Scandal at the Court of Arbitration for Sport: Lessons for the World Anti-Doping System
• Mathieu Maisonneuve Le Tribunal Arbitral du Sport et les Droits Fondamentaux des Athlètes
• Oskar van Maren How to bail out your local club: The application of the State aid rules to professional football clubs in financial difficulty
• Despina Mavromati Swiss Law in Doping Cases
• Peter Heermann Die Sportschiedsgerichtsbarkeit nach dem Urteil des BGH im Pechstein-Verfahren

Blog

Asser International Sports Law Blog

• Ryan Gauthier Kosovo at the Court of Arbitration for Sport – Constructing Statehood through Sport?
• Tomáš Grell FIFA’s Responsibility for Human Rights Abuses in Qatar – Part II: The Zurich Court’s Ruling

Law in Sport

• Phil Bonner Football’s zero tolerance rule on betting bites once again – Wayne Shaw pie eating case
• Terry Brennan How MLS’ single entity status works and its relationship with antitrust law
• Sean Cottrell Inclusive sport – Transgender participation
• Adam Osper Why athletes should consider career-ending insurance to protect against serious injuries
• Libby Payne, Andy Carruthers How football clubs must change to meet the needs of disabled fans
• Andrew Smith ‘Speak up!’ WADA’s recent reforms to its whistleblowing policies, procedures and systems
• Erin Stephens A guide to the UK’s new Code for Sports Governance
• Lloyd Thomas Should managers be required by regulation to pick full-strength sides?
• Lloyd Thomas The dangers of copyright disputes arising from the use of football club badges

Others

• Jens Andersen Anti-doping: Give WADA more owners and strengthen global commitment
• Andy Brown US anti-doping hearing: Stop the fox guarding the henhouse
• Andy Brown Weathering the storm – interview with Papa Massata Diack
• Josimar The slaves of St Petersburg
• Simon Leaf Article 50 and sport: What triggering of Brexit process could mean for Britain’s sport industry, from player transfers to stadium projects and intellectual property
• Keir Radnedge Swiss left holding the baby as FIFA wraps up its own inquiry into culture of corruption
• Rebecca Ruiz Willing to blow the whistle on doping? New legal aid group wants to help
• Rory Smith UEFA’s new President, Aleksander Ceferin, craves plenty of change in his staid sport

Upcoming Events

• 28-29 April – 2017 Macolin Anti-Doping Summit: A Fresh Look at the Science, Legal, and Policy Aspects of Anti-Doping, Swiss National Sports Centre, Macolin (Magglingen) Switzerland
• 7-9 June – International Conference on Doping and Public Health, Thon Hotel Ullevaal Stadion, Oslo, Norway
• 29-30 June – Sport & EU 12^th Annual Conference, Molde University College, Molde, Norway

Join us for a round table co-organized by GLawNet and the Asser Institute at the Campus Brussels of the Maastricht University (Avenue de Tervueren 153, 1150 Brussels) just one day after the publication of the Opinion of Advocate General Rantos in the European Super League (ESL) case. The discussion between academics and stakeholders will focus on the role played by the EU, as well as the role it ought to play, in determining the way football is organised and governed.

In 2021, the announcement of the creation of a breakaway European Super League (ESL), as well as the drama of its early demise, stunned the world.  Since then, the company behind the ESL and UEFA (as well as FIFA) are locked into a legal battle that will soon come to an end at the Court of Justice of the European Union (CJEU). Following the preliminary questions raised by a Spanish court, the CJEU will weigh in on whether UEFA and FIFA breached EU competition law with their attempts to thwart the emergence of the ESL. It will not be the first time that the governing bodies of football, both Swiss associations, face scrutiny before the EU courts - many will remember the 1995 Bosman ruling. However, this time around various stakeholders and observers are calling for the EU to not only referee this particular dispute, but to as well start playing a stronger governance role by regulating European football.

Programme:

15:00 – 15:05 Opening: Mariolina Eliantonio (Maastricht University)

15:05 – 16:30 - Roundtable: Governing European Football: What role for the European Union?
Moderator: Carlo Colombo (Maastricht University)

•        Antoine Duval (Senior Researcher at the Asser Institute)
•        Benoit Keane (Keane Legal)
•        Alexander Bielefeld (Director Global Policy and Strategic Relations at FIFPro)
•        Arnout Geeraert (Assistant Professor, Utrecht university)

16:30 Reception

This is an In-Person event only and will take place at the Campus Brussels of the Maastricht University (Avenue de Tervueren 153, 1150 Brussels). If you wish to attend, please register HERE.

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