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

Nudging, not crushing, private orders - Private Ordering in Sports and the Role of States - By Branislav Hock

Editor's note: Branislav Hock (@bran_hock)  is PhD Researcher at the Tilburg Law and Economics Center at Tilburg University. His areas of interests are transnational regulation of corruption, public procurement, extraterritoriality, compliance, law and economics, and private ordering. Author can be contacted via email: b.hock@uvt.nl.


This blog post is based on a paper co-authored with Suren Gomtsian, Annemarie Balvert, and Oguz Kirman.


Game-changers that lead to financial success, political revolutions, or innovation, do not come “out of the blue”; they come from a logical sequence of events supported by well-functioning institutions. Many of these game changers originate from transnational private actors—such as business and sport associations—that produce positive spillover effects on the economy. In a recent paper forthcoming in the Yale Journal of International Law, using the example of FIFA, football’s world-governing body, with co-authors Suren Gomtsian, Annemarie Balvert, and Oguz Kirman, we show that the success of private associations in creating and maintaining private legal order depends on the ability to offer better institutions than their public alternatives do. While financial scandals and other global problems that relate to the functioning of these private member associations may call for public interventions, such interventions, in most cases, should aim to improve private orders rather than replace them. More...



What Pogba's transfer tells us about the (de)regulation of intermediaries in football. By Serhat Yilmaz & Antoine Duval

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...


International and European Sports Law – Monthly Report – April 2017. By Tomáš Grell

 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...

The Reform of FIFA: Plus ça change, moins ça change?

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...

RFC Seraing at the Court of Arbitration for Sport: How FIFA’s TPO ban Survived (Again) EU Law Scrutiny

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...

The Validity of Unilateral Extension Options in Football – Part 1: A European Legal Mess. By Saverio Spera

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...

Call for papers: ISLJ Annual Conference on International Sports Law - 26-27 October 2017

The editorial board of the International Sports Law Journal (ISLJ) is very pleased to invite you to submit abstracts for its first Annual Conference on International Sports Law. The ISLJ, published by Springer in collaboration with ASSER Press, is the leading publication in the field of international sports law. Its readership includes both academics and many practitioners active in the field. On 26-27 October 2017, the International Sports Law Centre of the T.M.C. Asser Instituut and the editorial board of the International Sports Law Journal will host in The Hague the first ever ISLJ Annual Conference on International Sports Law. The conference will feature panels on the Court of Arbitration for Sport, the world anti-doping system, the global governance of sports, the FIFA transfer regulations, comparative sports law, and much more.

More...


International and European Sports Law – Monthly Report – March 2017. By Tomáš Grell

 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...

The legality of surety undertakings in relation to minor football players: the Lokilo case. By Adriaan Wijckmans

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...



Kosovo at the Court of Arbitration for Sport – Constructing Statehood Through Sport? By Ryan Gauthier (Thompson Rivers University)

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...


Asser International Sports Law Blog | The International Sports Law Digest – Issue II – July-December 2014

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

The International Sports Law Digest – Issue II – July-December 2014

I. Literature


1. Antitrust/Competition Law and Sport

G Basnier, ‘Sports and competition law: the case of the salary cap in New Zealand rugby union’, (2014) 14 The International Sports Law Journal 3-4, p.155

R Craven, ‘Football and State aid: too important to fail?’ (2014) 14 The International Sports Law Journal 3-4, p.205

R Craven, ‘State Aid and Sports Stadiums: EU Sports Policy or Deference to Professional Football (2014) 35 European Competition Law Review Issue 9, 453


2. Intellectual Property Rights in Sports law / Betting rights/ Spectators’ rights/ Sponsorship Agreements

Books

W T Champion and K DWillis, Intellectual property law in the sports and entertainment industries (Santa Barbara, California; Denver, Colorado; Oxford, England: Praeger 2014)

J-M Marmayou and F Rizzo, Les contrats de sponsoring sportif (Lextenso éditions 2014) 


Articles

M Bambaci, ‘Algunas consideraciones sobre la inclusión de la liga Argentina de fútbol en los videojuegos. A propósito de la aparición de jugadores aficionados y la explotación comercial de su imagen’ (2014) Revista de Derecho del Deporte Número 8

A L Dias Pereira, ‘Media rights and online betting in football matches under Portuguese law’ (2014)14 The International Sports Law Journal 3-4, p.167

M M García Caba, ‘A propósito de la reciente jurisprudencia comunitaria sobre los derechos audiovisuales futbolísticos: ¿hacia una reinterpretación del interés general del fútbol Español?’ (2014), 511

D A Heitner and AWilmot, ‘Score a Touchdown, Kiss Your Tattoo, and Get Sued for Copyright Infringement?’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 299

S N Horner, ‘DMCA: Professional Sports Leagues' Answer to Protecting Their Broadcasting Rights Against Illegal Streaming’ (2014) 24 Marquette Sports Law Review Issue 2, 435

A Lelyukhin, ‘The European Court of Justice (ECJ) confirmed Member States’ discretion to determine free to view sporting events. Note on Case T-385/07, Fédération Internationale de Football Association (FIFA) v European Commission, Judgement of General Court (Seventh Chamber), 17 February 2011’ (2014) 6 Sport& EU Review Issue 2, 14 (Upcoming)

J T Wendt and P C Young, ‘Protecting spectator rights: reflections on the General Law of the Cup’ (2014) 14 The International Sports Law Journal 3-4, p.179


 3. Labour Law and Sport/Free movement law in Sport/Players’ Agents 

Books-Bulletins

M Colucci and F Hendrickx, ‘Regulating employment relationships in professional football’, Michele Colucci and Frank Hendrickx (eds.) European Sports Law and Policy Bulletin Issue 1-2014

S Weatherill, European sports law: collected papers (The Hague, The Netherlands: T.M.C. Asser Press 2014) 


Articles

A Brandt and others ‘An Inside Look at the World of Agents: Past Present, and Future: Panels 1 & 3’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 259

C Daugherty Rasnic and R Resch, ‘Missing the puck at the bargaining table: the 2012–2013 National Hockey League labor dispute with some comparisons to European law’ (2014) 14 The International Sports Law Journal 3-4, p.192 

S Davidson and M Štefko, ‘Institutionalised Exploitation of U.S. College Basketball and Football Players: A Case for Protection of Employees’ Rights’ (2014) (Forthcoming)

P Disseldorp, ‘De jeugd heeft de toekomst? Over de houdbaarheid van UEFA’s home grown player rule naar Europees recht’ (2014) Tijdschrift voor Sport & Recht (TvS&R) Issue 2

T Martin, ‘The case against strengthening the home grown player rule’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 51


4. Corruption in Sport 

E Barak and D Koolaard, ‘Match-fixing. The aftermath of Pobeda – what have the past four years brought us?’ (2014) TAS/CAS Bulletin 1/2014, 5

L Colantuoni, ‘Match-fixing in international sports: recent issues and TAS/CAS cases’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A Di Giandomenico, ‘Toward a European regulation on sports fraud? Legal criticalities’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

M Kudzai Chiweshe, ‘The problem with African football: Corruption and the (under development of the game on the continent’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 27

C Ordway, ‘Why this Australian supported Germany to win the World Cup’ (2014) 6 Sport& EU Review Issue 2, 6 (Upcoming)

J Tsabora, ‘Cleansing the game: mapping and tackling state-induced corruption trends in African football’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 13  


5. Doping

N Ayanda Majozi, ‘Doping, are there only a few good apples in the barrel?’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 41

A Duval, ‘Cocaine, doping and the court of arbitration for sport’ (December 2014) The International Sports Law Journal (available online)

A Nemes, ‘What did the Lance Armstrong case teach to the world’s doping controllers?’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A Olmeda and J  Rodriguez García, ‘El código mundial antidopaje 2015’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 289

E de La Rochefoucauld, ‘WADA Code Review Summary’ (2014) TAS/CAS Bulletin 1/2014, 36

J Viejo, ‘El caso de Marta Domínguez: el pasaporte biológico’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 247

J T Wendt, ‘Toward harmonization in anti-doping regulation in equestrian sport’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

E Atienza-Macias, ‘Doping and health protection: A review of the current situation in the Spanish legislation’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4


6. Human Rights in Sport

F Faut, ‘The prohibition of political statements by athletes and its consistency with Article 10 of the European Convention on Human Rights: speech is silver, silence is gold?’ (2014) 14 The International Sports Law Journal 3-4, p. 253

T Galaz, ‘Bargaining for the Next Gay Player: How Can Jason Collins Help to Develop the National Basketball Association into a More Inclusive Workplace?’ (2014) 21 Jeffrey S. Moorad Sports Law Journal Issue 2, 461

J Liljeblad, ‘Foucault, justice, and athletes with prosthetics: the 2008 CAS Arbitration Report on Oscar Pistorius’ (December 2014)

M Noland and K Stahler, ‘What Goes into a Medal: Women's Inclusion and Success at the Olympic Games’ (2014) (Forthcoming)

O A Shevchenko, ‘Role of human rights and decent work in sports’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4 


7. Sports Arbitration and Alternative Dispute Resolution (ADR)

I Blackshaw, ‘Settling Sports Disputes by CAS Mediation’ (2014) TAS/CAS Bulletin 1/2014, 25

L Beffa and O Ducrey, ‘Review of the 2012 Case Law of the Swiss Federal Tribunal Concerning Sports Arbitration’ (2014) Causa Sport : die Sport-Zeitschrift für nationales und internationales Recht sowie für Wirtschaft Issue 1, 3

L Beffa and O Ducrey, ‘Review of the 2013 Case Law of the Swiss Federal Tribunal Concerning Sports Arbitration’ (2014) Causa Sport : die Sport-Zeitschrift für nationales und internationales Recht sowie für Wirtschaft Issue 3, 212

M Duthie, ‘Experience of a sports lawyer in mediation’ (2014) TAS/CAS Bulletin 1/2014, 31

M Grabowski, ‘Both Sides Win: Why Using Mediation Would Improve Pro Sports’ (2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 190

D Mavromati, ‘The Panel’s right to exclude evidence based on Article R57 para. 3 CAS Code: a limit to CAS’ full power of review?’ (2014) TAS/CAS Bulletin 1/2014, 48

G von Segesser, Schellenberg Wittmer, ‘Admitting illegally obtained evidence in CAS proceedings – Swiss Federal Supreme Court Shows Match-Fixing the Red Card’  Kluwer Arbitration Blog (17 October 2014) 


Book Reviews

A Duval, ‘The “Swiss Army Knife” of CAS arbitration’ (November 2014) The International Sports Law Journal (available online)


8. Lex Sportiva/ Sports Governance

B Barquero, ‘Fundamentos a favor de una postura amplia en torno a la operatividad del fuero de atracción en la Ley de Salvataje de Entidades Deportivas en Crisis’ (2014) Revista de Derecho del Deporte Número 8

A Brand, ‘Changes and Challenges of Sports Policy in Europe – Sport & EU Conference Report’ (2014) 6 Sport& EU Review Issue 2, 28 (Upcoming)

M E Boyd, ‘Riding the Bench – A Look at Sports Metaphors in Judicial Opinions’(2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 245

S Boyes, ‘Sports Law: Its History and Growth and the Development of Key Sources’ (2013) 21 Sport & Law Journal Issue 3

J de Dios Crespo and S Santorcuato, ‘The union of European football associations (“UEFA”) financial fair play’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 56

C Pérez González, ‘Crónica sobre cuestiones relativas al derecho internacional y de la Unión Europea del deporte.’ (2014) Revista Aranzadi de derecho de deporte y entretenimiento, 549

N Grow, ‘Regulating Professional Sports Leagues’ (2015) 72 Washington and Lee Law Review (Forthcoming)

V Kapogianni, ‘The cornerstone of the frontierless sports law’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

T Meakin, ‘The evolving legal issues on Rugby Neuro-trauma’ (2013) 21 Sport & Law Journal Issue 3

D P Panagiotopoulos, ‘General principles of law in international sports activities and lex sportiva’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

I V Ponkin and A I Ponkina, ‘On correlation of lex sportiva and sports law’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

A A Solovyev, ‘The sports laws systematization models’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

K Vieweg, ‘Lex sportiva and the fairness principle’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

H Xiang, ‘Reflections on several basic issues of sports law concepts’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4


9. Domestic Sports Law Issues

Articles

J Anderson, ‘Village greens, commons land and the emergence of sports law in the UK’ (2014) 14 The International Sports Law Journal 3-4, p. 218

F Colin, ‘La confirmation de l’intérêt généralement limité de l’exercice du recours en rectification d’erreur matérielle devant le Conseil d’État, appliqué en droit du sport Note sous CE, 5 mars 2014’ (2014) 36 CDS, 64

F Dousset and Elodie Brunner, ‘La rémunération accessoire : un élément d’appréciation du contrat de travail ? Note sous CA Toulouse, ch. soc. 4, sect.1, 15 mai 2014’ (2014) 36 CDS, 89

N Grossman, ‘What is the NBA?’ (2015)  25 Marquette Sports Law Review, Marquette Law School Legal Studies Paper No. 14-27 (Forthcoming)

M M Heekin and B W Burton, ‘Bias in the College Football Playoff Selection Process: If the Devil is in the Details, That's Where Salvation May Be Found’ (2014) 24 Marquette Sports Law Review Issue 2, 335

C Hinson, ‘Assessing the Scope of State University Sovereign Immunity: A Commentary on the Vexing Dispute over UCF Athletics Association, Inc.’ (2014) 24 Marquette Sports Law Review Issue 2, 419

J T Holden, ‘North American sports leagues and gambling policy: a comparative analysis’ (2014) 14 The International Sports Law Journal 3-4, p. 242

Mgr. M Kralik, ‘Civil liability of sports participants in the Czech Republic’ (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

S Martin, ‘La limite des pouvoirs disciplinaires d’une fédération sportive Note sous CE, 28 avril 2014’ (2014) 36 CDS, 165

K C Omuojine, ‘Dispute Resolution in Nigerian football: the need for a national dispute resolution chamber’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 20 

N Partington, ‘Legal liability of coaches: a UK perspective’ (2014) 14 The International Sports Law Journal 3-4, p.232

G Rabu, ‘L’impact de la loi relative à la consommation dans le sport’(2014) 36 CDS, 15

G Rabu, ‘L’illicéité de l’interdiction conventionnelle du recours au contrat à durée indéterminée Note sous Cass. soc., 2 avril 2014’ (2014) 36 CDS, 95

G Rabu, ‘La négociation des contrats de cession de droits TV soumise au droit des pratiques restrictives de concurrence Note sous Cass. com., 20 mai 2014’ (2014) 36 CDS, 183

F Razano, ‘Keeping Sport out of the courts: the national soccer league dispute resolution chamber- a model for sports dispute resolution in South Africa and Africa’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 2

F Razano and F Majani, ‘Club licensing in African football- are we there yet?’ (2014) African Sports Law and Business Bulletin Issue 2/2014, 34

L Richard, ‘La disposition qui soumet le joueur à des indemnités de rupture prohibitives est contraire à la Constitution belge Note sous Cour du travail d’Anvers, 6 mai 2014’ (2014) 36 CDS, 102

J Wolohan, ‘Sports betting in the United States: Past, Present and Future’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

W Xiaoping, ‘The consideration of revision of Chinese sports law a tentative analysis on proposals to legislation of professional sport’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4

R Yavner, ‘Minor League Baseball and the Competitive Balance: Examining the Effects of Baseball’s Antitrust Exemption’ (2014) 5 The Harvard Journal of Sports and Entertainment Law (JSEL) Number 2, 266

 T Yong, ‘The concept of sports law in China’ Papers from 19th IASL Congress, Bali 2013 (2014) 10 International Sports Law Review (ISLR), Pandektis Issues 3-4  


10. Olympic Games

V Postlethwaite, ‘Sochi 2014 Winter Olympics and the controversy of the Russian Propaganda Laws: is the IOC buckling under the pressure of its own incoherence in thought?’ (2014) 14 The International Sports Law Journal 3-4, p. 264


Book Reviews

K L Jones, ‘Adam Lewis QC and Jonathan Taylor: Sports: Law and Practice (2014) 14 The International Sports Law Journal 3-4, p.275 



II. Recent Developments in European Sports Law 


A. EU Press Releases

New milestone in the fight against match-fixing (Brussels 18 September 2014) 

Taxation: Commission refers The Netherlands to the Court over VAT exemption for water sport activities (Brussels 25 September 2014)

Studies on betting-related match-fixing now available (Brussels 17  September 2014) : 1)EAC/16/2013 Study on risk assessment and management and prevention of conflicts of interest in the prevention and fight against betting-related match fixing in the EU 28 (T.M.C. Asser Instituut / Asser International Sports Law Centre, July 2014) and 2) Study on the sharing of information and reporting of suspicious sports betting activity in the EU 28 (Oxford Research and VU Amsterdam) 


B. Council of Europe Conventions

Council of Europe Convention on the Manipulation of Sports Competitions (adopted on 9 July 2014 and opened for signatures on 18 September 2014)


C. EU Commission Decisions

C (2014)7378, Commission decision adopting the arrangement for cooperation between the European Commission and UEFA (Brussels 14 October 2014) http://ec.europa.eu/sport/news/2014/docs/uefa2014_en.pdf


D. UN Resolution

Resolution A/69/L.5 of 16 October 2014 on Sport for Development and Peace http://www.un.org/ga/search/view_doc.asp?symbol=A/69/l.5.



III. Case Law


1. TAS/CAS

CAS 2014/A/3630 Dirk de Ridder v. International Sailing Federation (ISAF)

CAS 2014/A/3665/3666/3667 Luis Suarez / FC Barcelona / Uruguayan Football Association / FIFA 

CAS 2014/A/3518 Zamalek Sporting Club v. Accra Hearts of Oak Sporting Club

CAS AG 14/03 Tai Cheau Xuen v. Olympic Council of Asia

CAS 2014/A/3516 George Yerolimpos v. World Karate Federation

CAS AG 14/02 Pg Mohammed Nasir Pg Anak Jaafar v. Brunei Darussaalam National Olympic Council

CAS AG 14/01 Rahul Kumar & Saket Wali v. ASF & OCA & WSF

CAS 2014/A/3694 Roman Kreuziger v. UCI

CAS 2013/A/3417 FC Metz v. NK Nafta Lendava

CAS 2013/A/3389 Virach Chanpanich v. The Football Association of Thailand

TAS 2014/A/3475 Charline Van Snick c. Fédération Internationale de Judo (FIJ) (Doping)

CAS 2013/A/3062 Kevin Sammut v. UEFA


2. FIFA Dispute Resolution System 

Labour Disputes

Decision of the Dispute Resolution Chamber, Club K, from country A v. Player Q, from country P (30 July 2014)

Decision of the Dispute Resolution Chamber, Club S, from country A v. Player P, from country A and Club B, from country T (30 July 2014)

Decision of the Dispute Resolution Chamber, Player D, from country R v. Club X, from country T and Club Y, from country T as intervening party (30 July 2014)

Decision of the Dispute Resolution Chamber, Player P, from country X v. Club Y, from country S (30 July 2014)

Decision of the Dispute Resolution Chamber, Player W, from country T v. Club A, from country U (30 July 2014)

Decision of the Dispute Resolution Chamber, Player R, from country E v. Club C, from country M and Club W, from country G as intervening party (30 July 2014)

Decision of the Dispute Resolution Chamber Judge, Player R, from country B v. Club A, from country R (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player R, from country T v. Club A, from country L (27 August 2014)

Decision of the Dispute Resolution Chamber, Player G, from country N v. Club I, from country E (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player B, from country G v. Club F, from country C (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player B, from country H v. Club Z, from country I (27 August 2014)

Decision of the Dispute Resolution Chamber, Player J, from country U v. Club S, from country E and Club Y (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber, Player M, from country A v. Club L, from country G and Club T, from country A as intervening party (20 August 2014)

Decision of the Dispute Resolution Chamber, Player M, from country I v. Club P, from country R (28 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player D, from country N v. Club S, from country H (27 August 2014)

Decision of the Dispute Resolution Chamber, Player K, from country G v. Club K, from country T (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player D, from country N v. Club S, from country H (27 August 2014)

Decision of the Dispute Resolution Chamber, Player K, from country G v. Club K, from country T (20 August 2014)

Decision of the Dispute Resolution Chamber, Player B, from country C v. Club K, from country T (28 August 2014)

Decision of the Dispute Resolution Chamber, Player F, from country A v. Club O, from country C and Club L, from country S as intervening party (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Player M, from country A v. Club X, from country X (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber Judge, Player E, from country P v. Club A, from country C (27 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber Judge, Player S, from country C v. Club O, from country C (20 August 2014)

Decision of the Dispute Resolution Chamber, Player I, from country M v. Club A, from country K (20 August 2014) 


Disputes about the Training Compensation

Decision of the Dispute Resolution Chamber, Club L, from country P v. Club T, from country S regarding training compensation in connection with the player M (30 July 2014)

Decision of the Dispute Resolution Chamber, Club V, from country N v. Club M, from country T regarding training compensation in connection with the player O (30 July 2014)

Decision of the Dispute Resolution Chamber Judge, Club X, from country U v. Club A, from country A regarding training compensation in connection with the player O (20 August 2014) (in Spanish)

Decision of the Dispute Resolution Chamber, Club A, from country A v. Club X, from country M regarding training compensation in connection with the player B (28 August 2014) (in Spanish) 


Solidarity Contribution Disputes

Decision of the Dispute Resolution Chamber Judge, Club S, from country B v. Club G, from country I regarding solidarity contribution in connection with the transfer of the player C (27 August 2014)

Decision of the Dispute Resolution Chamber, Club A, from country B v. Club D, from country U and Club G, from country B as intervening party regarding solidarity contribution in connection with the transfer of the player D (20 August 2014)

Decision of the Dispute Resolution Chamber, Club J, from country B v. Club D, from country U and Club V, from country B as intervening party regarding solidarity contribution in connection with the transfer of the player O (20 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club W, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club E, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club S, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y (27 August 2014)

Decision of the Dispute Resolution Chamber Judge, Club B, from country G v. Club K, from country T regarding solidarity contribution in connection with the transfer of the player Y(27 August 2014) 


3. National Courts Decisions

Swiss Federal Tribunal Decision 4A_324/2014, Fenerbahçe Spor Kulübü v Union des Associations Européennes de Football (UEFA) (16 October 2014)

United States Courts of Appeals for the Ninth Circuit, NCAA Student-Athlete name & likeness litigation (No 10-15387)


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