Sports arbitration could face changes in upcoming ECJ ruling
Brussels
The European Court of Justice (ECJ) will rule on Friday whether the Court of Arbitration for Sport (CAS) can continue to have the final say in legal sporting matters ranging from doping bans for athletes to competition entry regulations.
The ECJ ruling could turn sports arbitration upside down, and following are the most important aspects of the case.
What is the ECJ ruling about? The highest European court in Luxembourg will decide whether decisions by the CAS are binding or whether courts in European Union member states can check its rulings for violations of EU law.
The CAS is based outside the EU in Lausanne, Switzerland, and its rulings can only be appealed at the Swiss Federal Tribunal. This tribunal only looks into potential procedural errors by the CAS. The ECJ will decide whether that is sufficient or whether national courts can look into CAS rulings.
Why is the case important for the sporting world The ECJ could end an essential system in sports jurisdiction. The basic idea behind an institution such as the CAS is that privately established rules in sport are interpreted in the same way around the world - and not differently in each country depending on the court decisions there. This is to ensure fairness of the competition.
'We need something like the International Court of Arbitration for Sport because it decides uniformly and usually quickly,' German sports law expert Jan Forth from Cologne university has said.
However, the CAS has also been criticized for favouring sports federations in its decisions and being very expensive for athletes.
How did the ECJ get involved Belgian football club RFC Seraing took action after losing a case concerning Third Party Ownership against the ruling body FIFA at the CAS. The ruling was confirmed by the Swiss Federal Tribunal.
FIFA had imposed a transfer ban and a fine on the club in 2015 as it prohibited Seraing to give external investors rights on players.
Seraing went to court in Belgium, questioning the independence of the CAS because it is financed by international sports federations.
How will the ECJ rule? The decision on Friday is scheduled for 0800 GMT but its Advocate General, Tamara Capeta, has said in an opinion that CAS awards 'must be open to full review by national courts' to ensure they are compatible with EU law.
She said that commercial arbitration saw the free acceptance of the arbitration clauses by both parties which justifies limiting national reviews.
In sports meanwhile arbitration clauses are mandatory, leaving athletes, officials and clubs with no option but to go before the CAS in the case of disputes.
Advocate General opinions are not binding for the ECJ but the court often rules in their way.
What are the expectations? Anne Jakob, president of the International Sports Lawyers Association (ISLA), has said that 'the world of sports must definitely make a move.' She said that federations must revise their rules to provide the same conditions for athletes, clubs and federations.
Jakob said that the ECJ could put 'considerable pressure' on the federations, depending on how it rules.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Qatar Tribune
a day ago
- Qatar Tribune
Plans to retrieve Dahlmeier's body from Pakistan peak abandoned
dpa Islamabad Rescuers in Pakistan abandonedplans to retrieve the body of twice Olympic biathlon champion Laura Dahlmeier of Germany to respect her last wish and avoid risking more lives, fellow climber Thomas Huber told DPA on Thursday. Dahlmeier, 31, was swept away in a rockfall close to the summit of the 6,069metres Laila Peak in the Karakoram mountain range on Monday, her management and local officials said. She was declared dead on Wednesday evening after air and ground operations to rescue her from the peak in the Gilgit-Baltistan (GB) region was not successful. Pakistani officials said on Wednesday that rescue teams led by international climbers and local high-altitude porters would launch a new operation to retrieve her body. 'When we saw Laura's body it was clear that she (had) left us. As experienced mountain climbers we decided to not go and retrieve her body,' Huber, who's in the GBregion, told dpa over the phone. 'The body was in a very difficult terrain which would have meant a great risk for the rescue team,' said Huber, also a German who was part of the team that went up to rescue Dahlmeier. 'We decided to respect Laura's last wish. She didn't want anyone to risk his or her life to retrieve her.' The regional government in the GB will also respect the decision taken by the rescuers and the climber's family, a spokesman told DPA. 'We will go with the same decision and make no effort to retrieve the body since it involves risk to human life,' spokesman Faizullah Faraq said. 'She will be considered buried on the mountain like many local and international climbers in the past,' he added. Dahlmeier's management said on Wednesday that it was her 'expressed and written wish that in a case like this, nobody should risk their life to rescue her. It was her wish to leave her body behind at the mountain in a case like this.' Her family was on the way to Pakistan and was expected to arrive in the country on Thursday or Friday, said Karrar Haidri of Al-pine Club of Pakistan, a body that regulates expeditions in the mountains. Dahlmeier's climbing partner Marina Eva was rescued and brought to the base camp by a group of climbers and local high-altitude porters on Tuesday, tour operator Mohamed Iqbal told DPA. Pakistan's northern region is home to several stunning peaks including some towering more than 8,000 metres high. The region attracts hundreds of mountaineers from all over the world including from Europe every year.
Qatar Tribune
a day ago
- Qatar Tribune
Germans could use a bit more humour, says Becker
DPA Berlin Three-time Wimbledon champion Boris Becker thinks Germans could use a bit more humour. 'I'm known for my sense of humour. Not every German can say that. I've noticed this quality has somewhat faded here,' said the former tennis star during an event in Berlin on Thursday with an advertising partner. Becker, who hasn't lived in Germany for many years, said he considers humour to be a fundamental part of a person's character. Still, the former world number 1 said he's had his share of awkward moments with jokes over the course of his career. 'People often didn't know whether I was being ironic or serious. In Germany, you often have to announce: 'Attention! Here comes irony,'' the 57-year-old said, adding that he's since become more cautious. Together with his wife, Lilian de Carvalho Monteiro, Becker is currently demonstrating his sense of humour in commercials for a mail-order window company. He remains a familiar face in Germany thanks to advertisements, public appearances and as a commentator. He lived in London for many years. Since retiring in 1999 with six Grand Slam titles, Becker has struggled to replicate his sporting success, becoming a regular subject of gossip coverage amid financial and personal difficulties. In 2022, he was imprisoned in Britain for seven and a half months for concealing assets to avoid paying money he owed after his bankruptcy.
Qatar Tribune
a day ago
- Qatar Tribune
Isak training at former club Real Sociedad amid transfer rumour
PAMedia/dpa London Newcastle striker Alexander Isak is training individually at Real Sociedad, the Basque club have confirmed. The Sweden international, who is reported to have asked Newcastle executives to explore a move away from St James' Park, has been heavily linked with Liverpool. His former club Sociedad confirmed on Thursday he was 'working with his trainers' at the club's Zubieta facility. Newcastle have been approached for comment. The player did not travel with the rest of the Newcastle squad earlier this month for their pre-season tour of Asia amid speculation over his future, with the club saying at the time he was absent due to a minor thigh injury. The decision to train at his old club rather than his current one will heighten speculation that Isak sees his future away from Newcastle. No offer has been submitted by Liverpool as yet to Newcastle, who would almost certainly be looking for a British record transfer fee for the player. Should Newcastle price Isak out of a move or simply refuse to listen to offers, one option Isak and his representatives might consider would be to unilaterally terminate his contract with three years remaining. A European Court of Justice ruling in favour of former Chelsea midfielder Lassana Diarra last year means players can now terminate their deals 'without unnecessary fears', according to the lawyer who led Diarra's case. The ruling appears to have given players greater leeway to terminate a contract without just cause. The court found some of FIFA's transfer rules were contrary to European law because they restricted freedom of movement and were anti-competitive. Jean-Louis Dupont, who led Diarra's challenge and who was also at the centre of the landmark Bosman case which granted players free agency at the end of their contracts, believes last year's ruling lifts the threat of significant sanctions for players who choose to terminate their deals. Dupont, speaking in general rather than specifically about Isak's case, told the PA news agency: 'In its Diarra judgement, the court ruled that players have a right to termination without just cause and that it is for the ex-employer to establish the existence and the quantum of damages, knowing that losing the opportunity to transfer the player is NOT a damage.
