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

 
ISLJ Annual Conference on International Sports Law

On 26 and 27 October, the T.M.C. Asser Institute in The Hague will host the first ever ISLJ Annual International Sports Law Conference. This year’s edition will feature panels on the Court of Arbitration for Sport, the world anti-doping system, the FIFA transfer regulations, human rights and sports, the labour rights of athletes, and EU law and sport. We will also welcome the following distinguished keynote speakers:

•    Miguel Maduro, former Advocate General at the European Court of Justice and former head of FIFA’s Governance Committee
•    Michael Beloff QC, English barrister known as one of the ‘Godfathers’ of sports law
•    Stephen Weatherill, Professor at Oxford University and a scholarly authority on EU law and sport
•    Richard McLaren, CAS arbitrator, sports law scholar and former head of the World Anti-Doping Agency’s (WADA) investigation into the Russian doping scandal
  

You will find all the necessary information related to the conference here. Do not forget to register as soon as possible if you want to secure a place on the international sports law pitch! [Please note that we have a limited amount of seats available, which will be attributed on a ‘first come, first served’ basis.]

The CAS award in Atlético de Madrid v. FIFA

On 1 June 2017, the CAS communicated that it had rendered an award in the arbitration procedure between the Spanish club Atlético de Madrid and FIFA regarding the transfer of minor football players. The CAS Panel confirmed the transfer ban imposed on Atlético de Madrid by the FIFA Appeal Committee in its decision of 8 April 2016. This means that, unlike Real Madrid CF whose ban was reduced by the CAS from two to one entire transfer period, Atlético de Madrid remains banned from registering players both nationally and internationally for two complete and consecutive transfer periods. However, the CAS Panel found that not all of the alleged violations of the FIFA regulations concerning the registration of minor football players could be upheld. As a result, Atlético de Madrid is now obliged to pay CHF 550,000 instead of the original fine amounting to CHF 900,000. The award is not yet available.

The CAS award in ACF Fiorentina v. Mohamed Salah and Chelsea FC

This three-party dispute emerged from a loan agreement concluded between Chelsea FC and ACF Fiorentina in early 2015. Accordingly, the Egyptian international Mohamed Salah was loaned from Chelsea FC to ACF Fiorentina for the period between 2 February 2015 and 30 June 2015, with the option to extend the loan period for twelve more months from 1 July 2015 to 30 June 2016, if certain conditions were fulfilled. In July 2015, the player decided to remain at Chelsea FC while the representatives of the Italian club demanded his return to Florence. In August 2015, Salah joined A.S. Roma on a season-long loan from Chelsea FC.

Soon after the commencement of the 2015/2016 season, ACF Fiorentina lodged a complaint with FIFA, alleging that the player breached the loan agreement without just cause, and that Chelsea FC induced him to do so. The Italian club requested a compensation of EUR 32 million and sporting sanctions against both Chelsea FC and Salah. On 26 May 2016, the FIFA Dispute Resolution Chamber rejected the complaint (‘FIFA DRC Decision’). Disappointed with this decision, ACF Fiorentina filed an appeal with the CAS on 11 October 2016.

In the shadow of Salah’s recent transfer from A.S. Roma to Liverpool FC, the CAS announced on 30 June 2017 that it had dismissed ACF Fiorentina’s appeal and confirmed the FIFA DRC Decision. The award is not yet available.

FIFA’s Human Rights Policy

The amount of work done by international sports federations to strengthen their human rights compliance increases every month. In June 2017, the world’s governing body of football published FIFA’s Human Rights Policy, a document clarifying FIFA’s approach to the implementation of its human rights commitment in accordance with the United Nations Guiding Principles on Business and Human Rights. Simultaneously, FIFA also published its Activity Update on Human Rights mapping the most significant steps taken by the world’s governing body of football over the past twelve months to mitigate human rights risks with which it is repeatedly involved.

Sports Law Related Decisions

• European Commission – State Aid: Denmark support to local sports associations
• European Commission – State Aid: United Kingdom Horserace Betting Levy
• European Court of Justice – Opinion of Advocate General Szpunar in the case between the English Bridge Union Limited and Commissioners for Her Majesty’s Revenue & Customs

Official Documents and Press Releases

• Athletics Integrity Unit – A letter to athletes from the Chair of the Athletics Integrity Unit
• CAS – The CAS confirms the transfer ban imposed on Club Atlético de Madrid for breaches of the FIFA rules regarding the transfer of minors
• CAS – The CAS dismisses the appeal filed by Russian boxer Misha Aloyan
• CAS – The CAS dismisses the appeal of ACF Fiorentina in relation to the transfer of Mohamed Salah to Chelsea FC
• CAS – The CAS registers an appeal filed by the Palestine Football Association
• FIFA – Activity Update on Human Rights
• FIFA – Human Rights Policy
• FIFA – Statement on CAS decision relating to Atlético de Madrid
• FIFA – Statement on Human Rights Watch report on Russia
• FIFA – Statement on recent media coverage regarding the ‘Garcia Report’
• Michael J. Garcia and Cornel Borbély – Report on the inquiry into the 2018/2022 FIFA World Cup bidding process
• Human Rights Watch – Red card: Exploitation of construction workers on World Cup sites in Russia
• IOC – Beijing 2022 advances its sustainability and legacy plans
• IOC – Former United Nations Secretary-General Ban Ki-Moon proposed to head IOC’s Ethics Commission
• ITF – Decision in the case of Yuri Schwanke de Andrade
• Play the Game – Report on Autonomy in National Olympic Committees 2017
• UEFA – CFCB update on break-even monitoring for 2016/2017
• UEFA – Comprehensive bidding regulations approved for all finals and final tournaments
• UEFA – Salzburg and Leipzig admitted into UEFA Champions League
• WADA – Proposed International Standard for Code Compliance by Signatories – Version 1.0
• WADA – WADA permits RUSADA to plan and coordinate testing under the supervision of international experts and the UK Anti-Doping Agency
• WADA – WADA suspends UCLA Laboratory accreditation for specific prohibited substances

In the news

Doping

• AP News Ukrainian race walker Olena Shumkina banned for doping
• Andy Brown Spanish Court rejects argument that blood tests violate privacy
• Andy Brown Urine samples at Moscow lab still under Russian protection
• Nick Butler Weightlifting given December deadline to address doping problems by IOC
• Canadian Centre for Ethics in Sport Cycling Athlete Suspended for the Presence of Testosterone
• Martha Kelner Russia’s entire 2014 World Cup squad face FIFA doping investigation
• Samuel Petrequin French anti-doping officials worried about cocaine use
• Reuters Three Russian runners banned for four years after Beijing retests
• Rebecca R. Ruiz IOC Chief says Russia will face sanctions, despite new anti-doping efforts

Football

• BBC News Paul Pogba: Man Utd cleared by FIFA over deal but Juventus face charges
• Festus Chuma FIFA investigates Magogo, Ugandan football chief
• David Conn FIFA’s anti-corruption efforts criticised after speedy clearing of Gianni Infantino
• David Conn Jorge Mendes and Wolves: How deep does the agent’s influence run?
• Graham Dunbar Swiss prosecutors confirm about 25 FIFA investigations
• Karen Freifeld and Joshua Franklin Julius Baer battles FIFA corruption fallout as ex-banker set to plead guilty
• Tom Hays Ex-banker pleads guilty to US charge in FIFA probe
• Marina Hyde FIFA lets Qatar 2022 sail on, its moral lines in the sand still on the horizon
• Paul Nicholson China’s FA ushers in transfer tax, doubling cost of imported foreign players
• Ben Rumsby Garcia report into FIFA’s bidding process that awarded World Cups to Russia and Qatar is leaked
• Rory Smith FIFA pulls back the curtain, but will it ever see the light?
• The Times of India Banned Jerome Valcke gets October CAS appeal date
• Tirana Times Skenderbeu stripped of championship title over match-fixing

Other

• Jules Boykoff Los Angeles has the perfect chance to push back against a troubled IOC
• Nick Butler Barelli criticises FINA vice-President Ramsamy before CAS hearing
• Daniel Etchells Cost of Rio 2016 Olympics rises to $ 13.2 billion - $ 3.5 billion over budget
• Sean Ingle British bobsleigh team told: Keep quiet about bullying or miss Olympics
• Mari Yamaguchi Tokyo Olympics cost twice the initial estimate: Why?

Academic Materials

• Borja García and Henk Erik Meier Global Sport Power Europe? Efficacy of the European Union in Global Sport Regulation
• Peter Millward World Cup 2022 and Qatar’s Construction Projects: Relational Power in Networks and Relational Responsibilities to Migrant Workers
• Matt Mitten Why and How the Supreme Court Should Have Decided O’Bannon v. NCAA
• James Montague The Billionaires Club: The Unstoppable Rise of Football’s Super-rich Owners
• Tom Serby Sports Corruption: Sporting Autonomy, Lex Sportiva and the Rule of Law

Blog 

Asser International Sports Law Blog

• Tomáš Grell The Olympic Games and Human Rights – Part I: Introduction to the Host City Contract
• Tomáš Grell The Olympic Games and Human Rights – Part II: Human Rights Obligations Added to the Host City Contract: Turning Point or Empty Promise?

Law in Sport

• Daniel Burgess An explanation of interim injunctions in sports litigation
• Miguel Liétard Fernández-Palacios The role of the UEFA Ethics and Disciplinary Inspector in disciplinary proceedings
• Paul J. Greene and Tomislav Kasalo Key challenges facing athletes in contaminated supplement cases: A review of the Arijan Ademi decision
• Joseph M. Hanna The National Hockey League (NHL) trying to eject two retired players from concussion lawsuit
• Saurabh Mishra A short analysis of FIBA’s decision to permit the use of headgear
• Raj Pahuja Why the eSports industry needs to be aware of local laws in order to be successful in the Middle East

Others

• Andreas Selliaas Could CAS verdict shoot down Kuwaiti suspensions?

Upcoming Events

• 31 August-1 September – EU Sports Law and Policy Summer School, Business and Law Building, Edge Hill University, Ormskirk, the United Kingdom
• 26-27 October – ISLJ Annual Conference on International Sports Law, T.M.C. Asser Institute, The Hague, the Netherlands (Early bird fee until 15 September!)
• 26-30 November – Play the Game 2017: Riding Waves of Change, Eindhoven, the Netherlands

 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