With this blog post, we continue the
blog series on Turkish match-fixing cases and our attempt to map the still unchartered
waters of the CAS’s match-fixing jurisprudence.
The first blog post addressed two issues
related to the substance of match-fixing disputes, namely the legal
characterization of the match-fixing related measure of ineligibility under
Article 2.08 of the UEL Regulations as administrative or disciplinary measure
and the scope of application of Article 2.08. In addition, The Turkish cases have
raised procedural and evidentiary issues that need to be dealt with in the framework
of match-fixing disputes.
The CAS panels have drawn a clear line
between substantial and procedural matters. In this light, the Eskişehirspor panel declared the nature of
Article 2.08 UEL Regulations to be administrative and rejected the application
of UEFA Disciplinary Regulations to the substance. Nonetheless, it upheld that disciplinary
rules and standards still apply to the procedure. This conclusion, however, can
be considered puzzling in that disciplinary rules apply to the procedural matters
arising by a pure administrative measure. To this extent, and despite the
bifurcation of different applicable rules into substantial and procedural
matters, the credibility of the qualification of Article 2.08 as administrative
seems to be undermined. And here a question arises: How can the application of
rules of different nature to substantial and procedural matters in an identical
match-fixing dispute be explained?More...
This is the second part of a blog series on
the Real Madrid State aid case. In
the previous blog on this case, an outline of all the relevant facts was provided
and I analysed the first criterion of Article 107(1) TFEU, namely the criterion
that an advantage must be conferred upon the recipient for the measure to be
considered State aid. Having determined that Real Madrid has indeed benefited
from the land transactions, the alleged aid measure has to be scrutinized under
the other criteria of Article 107(1): the measure must be granted by a Member State
or through State resources; the aid granted must be selective; and it must
distorts or threatens to distort competition. In continuation, this blog will
also analyze whether the alleged aid measure could be justified and declared
compatible with EU law under Article 107(3) TFEU.More...
The European Commission’s competition decisions in the
area of sport, which set out broad principles regarding the interface between
sports-related activities and EU competition law, are widely publicized. As a
result of the decentralization of EU competition law enforcement, however,
enforcement activity has largely shifted to the national level. Since 2004,
national competition authorities (NCAs) and national courts are empowered to
fully apply the EU competition rules on anti-competitive agreements (Article
101 TFEU) and abuse of a dominant position (Article 102 TFEU).
Even though NCAs have addressed a series of
interesting competition cases (notably dealing with the regulatory aspects of
sport) during the last ten years, the academic literature has largely overlooked
these developments. This is unfortunate since all stakeholders (sports organisations,
clubs, practitioners, etc.) increasingly need to learn from pressing issues
arising in national cases and enforcement decisions. In a series of blog posts
we will explore these unknown territories of the application of EU competition
law to sport.More...
The CAS denial of the urgent request for
provisional measures filed by the Legia Warszawa SA in the course of its appeal
against the UEFA Appeals Body Decision of 13 August 2014 put a premature end to
Legia’s participation in the play-offs of the UEFA Champion’s League (CL)
2014/2015. Legia’s fans- and fans of Polish football - will now have to wait at
least one more year to watch a Polish team playing in the CL group stage for
the first time since 1996. More...
This is the
first part of a blog series involving the Real
Madrid State aid case.
Apart from being
favoured by many of
Spain’s most important politicians, there have always been suspicions
surrounding the world’s richest football club regarding possible financial aid by the Madrid City Council. Indeed, in
the late 90’s a terrain qualification change by the Madrid City Council proved to
be tremendously favourable to the king’s club. The change allowed Real Madrid
to sell its old training grounds for a huge sum. Though the exact price for the
grounds remains unknown, Real Madrid was suddenly capable of buying players
like Figo and Zidane for record fees. However, the European Commission, even
though agreeing that an advantage was conferred to the club, simply stated that the new
qualification of the terrain in question does not appear to involve any
transfer of resources by the State and could therefore not be regarded as State
aid within the meaning of article 107 TFEU.
between the club and the Council have been a regularity for the last 25
years. A more recent example concerns an
agreement signed on 29 July 2011 (Convenio29-07-2011.pdf (8MB).
After the success of this year’s World Cup in Brazil, FIFA President
Sepp Blatter can start concentrating on his Presidential campaign for next
June’s FIFA elections. Even though the 78-year old Swiss is not officially a
candidate yet, he is still very popular in large parts of the world, and
therefore the favourite to win the race. Nonetheless, even for the highly
experienced Mr. Blatter these elections will be different. All candidates will
have to respect the newly introduced Electoral Regulations for the FIFA Presidency. More...
The Court of Arbitration for Sport
(CAS) registers approximately 300 cases every year. Recently, the Swiss Federal Supreme Court – which is the sole
judicial authority to review arbitral awards rendered in Switzerland – reminded
in the Matuzalém Case (Case 4A_558/2011) that CAS awards may be enforced in other States that are parties to
the New York
Convention on the recognition and enforcement of foreign arbitral awards.More...
This year’s FIFA congress in Sao Paulo should not be
remembered only for the controversy surrounding the bid for the World Cup 2022
in Qatar. The controversy was surely at the centre of the media coverage, but
in its shadow more long-lasting decisions were taken. For example, the new Regulations on
Working with Intermediaries was approved, which is probably the most
important recent change to FIFA regulations. These new Regulations will
supersede the Regulations on Players’
when they come into force on 1 April 2015. In this blog post we compare the old and
the new Regulations followed by a short analysis and prospective view on the
effects this change could have. More...
After a decade of financial misery,
it appears that Valencia CF’s problems are finally over. The foreign takeover by
Singaporean billionaire Peter Lim will be concluded in the upcoming weeks, and
the construction on the new stadium will resume after five years on hold due to
a lack of money. On 3 June Bankia, the Spanish bank that “saved” Valencia CF in
2009 by providing a loan of €81 million, gave the green light for the takeover. However, appearances can be
April 2014, the Swedish Gambling Authority (Lotteriinspektionen) warned the
organisers of the Stockholm
Marathon that it would impose a fine of SEK 2
million (ca. € 221.000) for its sponsorship agreement with online betting
operator Unibet. The Authority found that the sponsorship agreement violates
§38 of the Swedish Lotteries Act, which prohibits the promotion of gambling
services that are not authorized in Sweden. The
organisers, however, refused to withdraw Unibet as its sponsor and prominently
displayed the Unibet logo at the event, which took place on 31 May 2014. As a
result, the organisers of the Stockholm Marathon now face legal action before
the Swedish administrative courts. More...