Asser International Sports Law Blog

 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an oral agreement between Mr Blatter and Mr Platini dating back to 1998, such an agreement would nevertheless have been superseded by the written employment contract signed in August 1999 (according to that contract, Mr Platini were to be remunerated ‘only’ CHF 300,000 a year).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