Editor's note: This report compiles the most relevant legal news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. 

The Headlines

IOC Athlete Commission releases its Rule 50 Guidelines for Tokyo 2020

The IOC Athlete Commission presented its Rule 50 Guidelines for Tokyo 2020 at its annual joint meeting with the IOC Executive Board. It comes as Thomas Bach had recently underlined the importance of political neutrality for the IOC and the Olympic Games in his New Year’s message. Generally, rule 50 of the Olympic Charter prohibits any political and religious expression by athletes and their team during the Games, subject to certain exceptions. The Guidelines clarify that this includes the ‘field of play’, anywhere inside the Olympic Village, ‘during Olympic medal ceremonies’ and ‘during the Opening, Closing and other official ceremonies’. On the other hand, athletes may express their views ‘during press conferences and interview’, ‘at team meetings’ and ‘on digital or traditional media, or on other platforms. While rule 50 is nothing new, the Guidelines have reignited a debate on whether it could be considered as a justified restriction on one’s freedom of expression.

The IOC has made the case that it is defending the neutrality of sport and that the Olympics is an international forum that should help bring people together instead of focusing on divisions. Specifically, Richard Pound has recently made the argument that the Guidelines have been formulated by the athletes themselves and are a justified restriction on free expression with its basis in ‘mutual respect’. However, many commentators have expressed their skepticism to this view (see here, here and here) citing that politics and the Olympics are inherently mixed, that the IOC is heavily involved in politics, and that the Olympics has often served as the grounds for some of history’s most iconic political protests. All in all, the Guidelines have certainly been a catalyst for a discussion on the extent to which the Olympics can be considered neutral. It also further highlights a divide between athlete committees from within the Olympic Movement structures and other independent athlete representation groups (see Global Athlete and FIFPro’s statements on rule 50).

Doping and Corruption Allegations in Weightlifting 

The International Weightlifting Federation (IWF) has found itself embroiled in a doping and corruption scandal after an ARD documentary was aired early in January which raised a wide array of allegations, including against the President of the IWF, Tamás Aján. The documentary also included hidden camera interviews from a Thai Olympic medalist who admits having taken anabolic steroids before having won a bronze medal at the 2012 London Olympic Games and from a team doctor from the Moldovan national team who describes paying for clean doping tests. The IWF’s initial reaction to the documentary was hostile, describing the allegations as ‘insinuations, unfounded accusations and distorted information’ and ‘categorically denies the unsubstantiated’ accusations. It further claims that it has ‘immediately acted’ concerning the situation with the Thai athletes, and WADA has stated that it will follow up with the concerned actors. However, as the matter gained further attention in the main stream media and faced increasing criticism, the IWF moved to try to ‘restore’ its reputation. In practice, this means that Tamás Aján has ‘delegated a range of operation responsibilities’ to Ursual Papandrea, IWF Vice President, while ‘independent experts’ will conduct a review of the allegations made in the ARD documentary. Richard McLaren has been announced to lead the investigation and ‘is empowered to take whatever measures he sees fit to ensure each and every allegation is fully investigated and reported’. The IWF has also stated that it will open a whistleblower line to help aid the investigation.

Major International Sports Law Decisions

European Court of Human Rights - Judgment Ali Riza and Others v. Turkey - system for settling football disputes must be reformed

Official Documents and Press Releases

FIFA

• FIFA - Infantino elected to International Olympic Committee
• FIFA - FIFA develops new and enhanced integrity resources for member associations and confederations
• FIFA - FIFA and hosts Qatar present joint FIFA World Cup™ Sustainability Strategy
• FIFA - FIFA reports show further upward trend in both men’s and women’s transfer markets
•   FIFA - Reform proposals concerning football agents’ regulations

IOC

• IOC – IOC Session Receives Updates on Anti-Doping Activities
• IOC – IOC Statement on Notice of Intervention in the CAS Case of WADA and RUSADA
• IOC – The IOC and the Olympic Games – Addressing Climate Change
• IOC – President Bach Re-Emphasises Importance of Solidarity Model and Political Neutrality at IOC Session
• IOC – IOC Executive Board and IOC Athletes’ Commission Discuss Major Topics at Annual Joint Meeting
• IOC – Statement by the IOC Regarding the Situation of the IWF

WADA

• WADA - WADA files official request with Court of Arbitration for Sport to resolve RUSADA dispute
• WADA - WADA launches its new ‘Testing Center’ – a ‘Next Gen’ ADAMS module that will help strengthen testing programs worldwide
• WADA - WADA provisionally suspends approved status of Moscow Laboratory
• WADA - WADA Executive Committee appoints new Standing Committee Chairs, receives update regarding RUSADA compliance case
• WADA - WADA statement on German documentary concerning the International Weightlifting Federation

Other

• Athletics Integrity Unit - Athletics Integrity Unit Board refers RusAF charges to the World Athletics Council and recommends considering expulsion of the federation.
• Athletics Integrity Unit - World Athletics v Michelle-Lee Ahye
• Athletics Integrity Unit – Decision of the Athletics Integrity Unite in the case of Ms Kateryna Tabashnyk
• EU Athletes - Statement on Bye-law 3 to Rule 40 of the Olympic Charter
• Fédération Equestre Internationale (FEI) – Prohibited substance cases under FEI human anti-doping rules
• Fédération Internationale de Volleyball (FIVB) – FIVB Commits to Further Investments in its Athletes
• FIFPRO – FIFPro Underlines Commitment to Player Activism
• Global Athlete – Global Athlete Statement in Response to IOC President Thomas Bach’s New Year’s Message
• Global Athlete – Statement based on the new ARD Documentary “Secret Doping – the Lord of the Lifters”
• Global Athlete – Global Athlete Calls on UK Anti-Doping to Provide More Transparency in its Refusal to Allow WADA to Retest Anti-Doping Samples
• Global Athlete – Athletes Call for IWF President to Stand Down and Submit to Full Investigation
• International Canoe Federation - ICF decision on Laurence Vincent Lapointe
• International Tennis Federation – Provisional suspension imposed on Nicolas Jarry
• International Tennis Federation – ITF President David Haggerty Elected IOC Member
• International Weightlifting Federation – IWF rejects ARD allegations
• International Weightlifting Federation – IWF Acts Decisively to Restore Reputation
• International Weightlifting Federation – IWF Executive Board Appoints Richard H. McLaren to Lead Investigation into ARD Allegations
• Tennis Integrity Unit – Lifetime Ban and $200,000 Fine for Joao Olavo Soares de Souza After Conviction on Match-Fixing Charges
• Tennis Integrity Unit – Tennis Integrity Unit Publishes Annual Review for 2019
• Tennis Integrity Unit – Jonathan Kanar Suspended and Fined After Admitting to Corruption Offence
• UCI - The UCI commits to developing cyclo-cross and reinforcing the fight against doping
• UKAD – UKAD Statement regarding the reanalysis of athlete samples and WADA
• UNI Global Union - ILO affirms: athletes must be protected by fundamental principles and rights at work
• UNI Global Union - ILO finds professional athletes face widespread workplace challenges
• World Archery – Beginners’ Guide to Rule 50 for Archery at the Tokyo 2020 Olympic Games
• World Athletics - World Athletics modifies rules governing competition shoes for elite athletes
• World Athletics - World Athletics to postpone World Athletics Indoor Championships Nanjing 2020
• World Athletics - Charges brought by the AIU against RusAF for breach of the anti-doping rules

In the News

Football

• Rob Harris - One deal agents can’t reach in transfer window is with FIFA
• David Conn - Revealed: the scale of Manchester City’s FFP breaches before 2014 Uefa deal
• Tim Wigmore - Exclusive: Doubts raised over whether Premier League clubs can sign young Europeans after January Brexit deadline
• Tariq Panja - La Liga Chief Claims Saudi Arabia Is Using Sports to ‘Whitewash’ Reputation

Doping

• Sean Ingle - Claims of Russian doping deal as trial begins of former IAAF president Diack
• Sean Ingle - IOC concerned by ‘very serious’ doping allegations in weightlifting

Other

• Sean Ingle - World Athletics gives seal of approval for controversial Nike Vaporfly shoes
• Graham Dunbar - IOC details rules on political protests at Olympics
• Tariq Panja - Olympic Protest Rules: Tweets Are Fine, Kneeling Is Not
• Richard Hinds - The Olympics is a politically potent event, and it is an absurd pretence that 'politics and sport don't mix'
• Dave Zirin - John Carlos Responds to the New Olympics Ban on Political Protest
• Jules Boykoff - The Olympics are political. The IOC ban denies reality — and athletes their voice.

Academic Materials

ASSER International Sports Law Series

• Bart van der Sloot, Mara Paun and Ronald Leenes - Athletes’ Human Rights and the Fight against Doping: A Study of the European Legal Framework    

Other

• Mariusz Motyka-Mojkowski and Dennis Cukurov - Restrictions of Sport Sponsorship from a Competition Law Perspective—Recent Example from Germany

Blog

Asser International Sports Law Blog

• Thomas Terraz - Balancing Athletes’ Interests and The Olympic Partner Programme: the Bundeskartellamt’s Rule 40 Decision

Law in Sport

• Ben Koh and Tracey Holmes - Are you being heard? How the Sun Yang public hearing exposes a gap in athletes’ rights
• Toni Roca and Xavi Fernández - Tackling bridge transfers in football: An important ruling from the Royal Spanish Football Federation
• Jonathan Bellamy - An overview of FIFA’s new data protection regulations
• Jonathan Collins - Switching nations: why FIFA’s definition of ‘nationality’ is causing confusion

Sports Integrity Initiative

• Andy Brown - Strict liability in anti-doping is punishing the innocent*
• Andy Brown - Pressure builds on IWF as corruption claims are corroborated

SportLegis

• Despina Mavromati - Ali Riza et al. v. Turkey – European Court of Human Rights Judgment of 28 January 2020

Podcasts

• France Culture - Dakar saoudien, Mondial qatari : un cap pour la péninsule

Upcoming Events

• 05 March 2020 - Mega-sporting events and human rights: What role can EU sports diplomacy play?, Asser Institute, The Hague, The Netherlands
• 17-18 March 2020 – WADA Annual Symposium, SwissTech Convention Center, Lausanne, Switzerland
• 26-27 March 2020 – 14^th Conference of the PSA Sport & Politics Group, Etihad Stadium, Manchester, UK
• 18-19 June 2020 – Sport & EU 2020 Annual Conference, Rijeka and Opatija, Croatia

Pursuant to Kelsen’s famous pyramid, the authority of norms may be ranked according to their sources: Constitution is above the Law, which is in turn superior to the Regulations, which themselves stand higher to the Collective Agreement etc…Under French labour law, this ranking can however be challenged by a “principle of favourable treatment” which allows a norm from a lower rank to validly derogate from a superior norm, if (and only if) this derogation benefits to the workers.

On 2 April 2014, the Cour de Cassation (the French Highest Civil Court) considered that these principles apply in all fields of labour law, regardless of the specificity of sport[1].  In this case, Mr. Orene Ai’i, a professional rugby player, had signed on 13 July  2007 an employment contract with the Rugby Club Toulonnais (RCT) for two sport seasons with effect on 1 July 2007.

Yet, article L. 1242-13 of the French Labour Code states that a fixed term employment contract must be handed to the worker within a maximal period of two days after the beginning of the contract. Should this period of two days not be respected the worker is entitled to claim for a requalification of his fixed term contract into permanent contract[2]. Mr. Ai’i relied on this article to argue for the requalification of his contract.

It must be noted that the requalification of the initial two seasons contract in a permanent contract, implies that it can be terminated by the employer with a cause. Therefore, a termination at the occurrence of the term of the contract, i.e. after the 2 years, may be regarded as a “dismissal without genuine and serious cause” which in turn would allow the player to seek compensation.  

The RCT argued on the other hand that article L. 1242-13 and the potential requalification is inapplicable to professional rugby players whose employments relationships can never be for an indefinite time period. Indeed, according to article 1.3 of the collective agreement of professional Rugby, an employment contract with a professional rugby player can last for a maximum of 5 sport seasons.

The Cour de Cassation reminds however that a collective agreement cannot depart unfavourably for the worker to the imperative provisions of the law and therefore states that the provisions of article 1.3 of the collective agreement of professional Rugby shall not impede the requalification of a fixed term contract between a professional rugby player and his club, into a permanent contract.

This solution is not limited to Rugby and may be extended to all fields of professional sports. Indeed, like the collective agreement of professional Rugby, article 12.3.2.3 of the national collective agreement of sports, which is applicable for every professional athlete, also provides that “the duration of a same contract cannot be superior as 5 sport seasons (60 month)”.

Based on the above mentioned decision it is fair to conclude that any French professional athlete can claim for a requalification of his fixed term employment contract if he hasn’t received a copy of his employment contract within the 2 days of its beginning. Potential consequences could be significant considering that a professional athlete can terminate a permanent contract, without cause or compensation[3]. In this regard it will be interesting to see if the requalification of fixed term sport contract into a permanent contract will facilitate their termination and allow some professional athlete to change Club without any transfer fee…

This decision could have wider implications for sporting labour relationships in general. Indeed, the Cour de Cassation rejected the specificity argument put forward by the Rugby Club. The legal reasoning on which the decision is grounded could, therefore, easily be transposed to other instances, where core labour rights of athletes are at stake. 

Patrick Millot, Avocat à la Cour

[1] Cass. Soc. 2 April 2014 n° 11-25442 (cf. concurring; CA Aix-en-Provence,  17 May  2013 R.G. n° 12/06543).

[2] Cass. Soc. 6 December, 2011 n° 16-16454 ; Cass. Soc. 4 April, 2012 n° 11-10986; Cass. 11 March, 2013 n° 11-28687.

[3] In opposition to a fixed term employment contract, which could only be terminated for a serious cause (i.e. serious misconduct, force majeure or medical inability to work)