INTERNATIONAL CASE LAW REVIEW
by Luca Pastore
Italian qualified lawyer, of Counsel at Lombardi Associates, Edinburgh (UK). E-email: luca@lombardi-football.com
COURT OF ARBITRATION FOR SPORT
- Football: the CAS upheld the appeal filed by Paris Saint Germain
(CAS Media Release)
(19.03.2019)
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration procedure between the French football club Paris Saint-Germain Football SASP (Paris Saint-Germain) and the Union of European Football Associations (UEFA). The appeal filed at the CAS on 3 October 2018 by Paris Saint-Germain against the decision issued on 19 September 2018 by the Adjudicatory Chamber of the UEFA Club Financial Control Body (CFCB) (the Challenged Decision) is upheld and the Challenged decision is set aside.
- Football: the CAS upheld the appeal filed by Galatasaray against UEFA
(CAS Media Release – UEFA Statement)
(15.02.2019)
The Court of Arbitration for Sport issued its decision in the appeal proceedings initiated by the Turkish football club Galatasaray Sportif Sinai ve Ticari Yatirimlar A.S. against UEFA.
The CAS set aside the decision issued on 5 October 2018 by the UEFA CFCB Adjudicatory Chamber, which re-opened proceedings against the Turkish club.
- Football: the CAS cancelled the ban imposed by FIFA on Worawi Makudi
(CAS Media Release)
(12.02.2019)
The Court of Arbitration for Sport reduced the sanction imposed by FIFA on the former President of the Football Association of Thailand (FAT), Mr Worawi Makudi for breach of articles 17 and 41 of the FIFA Code of Ethics.
The CAS found that Mr Worawi Makudi did not breach Article 17, whereas the breach of article 41 of the FIFA Code of Ethics was confirmed, but to a lesser degree than found by FIFA. As a result, the Panel imposed a reprimand and a fine of CHF 5,000 but cancelled the ban from taking part in any football-related activity.
EUROPEAN COURT OF HUMAN RIGHTS
- Doping: The ECHR dismissed the claim filed by Pechstein for final judicial review in her doping ban saga
(CAS Media Release)
(05.02.2019)
Following the judgment rendered by the 3rd Chamber of the European Court of Human Rights on 2 October 2018, Claudia Pechstein filed a request to refer the matter to the Grand Chamber of the ECHR. Such request was rejected. As a result, the ECHR judgement of 2 October 2018 is final and binding.
- Football: FIFA sanctioned Chelsea FC and The FA for international transfers of minors
(FIFA Media Release)
(22.02.2019)
The FIFA Disciplinary Committee sanctioned the English club Chelsea FC and The Football Association for breaches relating to the international transfer and registration of players under the age of 18. The club was fined CHF 600,000 and given a period of 90 days to regularise the situation of the minor players concerned; The FA was fined CHF 510,000 and given a period of six months to address the situation.
- Football: FIFA sanctioned FC Porto for third party influence breaches
(FIFA Media Release)
(19.02.2019)
The FIFA Disciplinary Committee has sanctioned the Portuguese club FC Porto with a fine of CHF 50,000 for breaches relating to third-party influence and failure to provide correct data in the Transfer Matching System (TMS).
- Bridge: Geir Helgemo suspended for doping
(News)
(01.03.2019)
The world’s no. 1 bridge player, Mr Geir Helgemo, tested positive for synthetic testosterone and the female fertility drug clomifene at a World Bridge Series event in Orlando in September. The World Bridge Federation suspended the player until 20 November 2019 and revoked all his titles, medals and points from the 2018 World Bridge Series.
SCOTLAND 
- Football: Clyde FC sanctioned for fielding an ineligible player
(SPFL News)
(09.03.2019)
Clyde FC sanctioned for fielding an ineligible player in two League Two matches against Queens Park and Albion Rovers. Clyde have been fined and 3 points have been awarded to Albion Rovers and Queen’s Park, whereas the points previously awarded to Clyde have been withdrawn.
- Football: Selkirk's SFA membership terminated after rule breaches
(News)
(05.03.2019)
Selkirk FC’s membership of the Scottish Football Association was officially terminated following a disciplinary hearing. The club had to face a number of membership breaches, but since no representatives of Selkirk were present at the hearing, the SFA Disciplinary Board ruled on a termination of membership.
GERMANY 
- Olympic Games: German decision scales back powers of IOC's Rule 40
(News)
(27.02.2019)
The German competition authority ruled that the restrictions of advertising opportunities by the German Olympic Sports Confederation and the International Olympic Committee were too far-reaching and thus constituted abusive conduct.
As a result, several parts of Rule 40 of the Olympic Charter have now been relaxed for German athletes, now able to use their name, image, and previously restricted terms such as “gold,” “silver,” “bronze,” “medal,” in marketing campaigns during the Games.
ENGLAND 
- Football: streaming organisation jailed for defrauding Premier League
(Media release)
(20.03.2019)
The Warwick Crown Court jailed some operators of a pirate streaming organisation for a total of 17 years for conspiracy to defraud.
LAWS AND REGULATIONS
- Football: the IFAB updated the rules of the game
(IFAB meeting review)
(02.03.2019)
The International Football Association Board (IFAB) held its 133rd Annual General Meeting (AGM) in Aberdeen, Scotland. Discussions focused on several areas, from the definition of handball to the assessment of the use of Video Assistant Referees (VARs).
DOCUMENTS AND REPORTS
- Football: FIFA Football Law Annual Review presentations
(FIFA presentations)
(15.02.2019)
FIFA published the presentations given at the FIFA Football Law Annual Review event, held at the House of Football in Zurich on 15 February 2019.
- Football: FIFA TMS released new reports
(Big5 Transfer Window analysis winter 2019 –
Global Transfer Market 2018 Men -
Global Transfer Market 2018 Women)
(05.02.2019)
FIFA TMS released three important reports: the “Big 5: Transfer Window analysis winter 2019”, the “Global Transfer Market report 2018 Men” and the “Global Transfer Market report 2018 Women”.
- Football: Memorandum of understanding signed by UEFA and ECA
(Memorandum of understanding)
(07.02.2019)
The Union of European Football Associations (UEFA) and the European Club Association (ECA) have signed a new memorandum of understanding, which will now run until 2024. Such memorandum is aimed at promoting the cooperation between UEFA and the ECA, safeguarding the development of European football in accordance with the principles of solidarity and integrity of competition and ensuring that clubs are properly represented in the decision-making process in European football.
UPCOMING EVENTS
LA RIFORMA DELLO SPORT
Sviluppi Normativi, Opportunità e Sfide
Tribunale di Avellino, Aula Magna
Lunedì, 8 Aprile 2019, ore 15.30
Manifesto
Locandina
Comunicato Stampa
Leadership Congress for Women in Football
From 28 March to 29 March 2019, Atlético de Madrid’s Wanda Stadium will host the first edition of the Leadership Congress for Women in Football.
Programme
KEY OPPORTUNITIES, CHALLENGES AND THREATS TO INSTITUTIONAL SPORT – FROM WITHIN AND WITHOUT
Gold Coast of Australia, 6 May 2019
Programme
2nd Annual RexSport – IWF forum
Madrid, 10 & 11 May 2019
Football Law 2019
Player Transfers, Agents, Politics and the Business of Football
London, 22nd & 23rd May 2019
Programme
Edinburgh Sports Conference
Edinburgh, 5-6 September 2019
After its highly acclaimed inaugural event in 2017, The Edinburgh Sports Conference is returning with its 2nd Edition titled “The Future of Player Transfers and Players’ Agents”. The event is designed for high-level sports professionals, from regulators to leagues and clubs, from practitioners to investors and stakeholders in the sports industry worldwide.
For more information please see https://edinsportsconf.co.uk/
UEFA RESEARCH GRANT PROGRAMME 2019
The deadline for applications: Sunday 31 March 2019
PUBLICATIONS
FOOTBALL COACH-RELATED DISPUTES
A Critical Analysis of the relevant CAS awards and
FIFA Players' Status Committee decisions
By Josep F. Vandellós Alamilla
Michele Colucci (ed.)
International Sports Law and Policy Bulletin 1/2018
ISBN 978-88-940689-8-6 (March 2018)
FLYER
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TEASER
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ORDER FORM
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BOOK REVIEW
DISCIPLINARY PROCEDURES IN FOOTBALL
AN INTERNATIONAL AND COMPARATIVE ANALYSIS
Marc Cavaliero and Michele Colucci (eds.)
International Sports Law and Policy Bulletin 1/2017
ISBN 978-88-940689-7-9 (October 2017)
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TEASER
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ORDER FORM
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PRESS RELEASE
INTERNATIONAL ENCYCLOPAEDIA OF SPORTS LAW
Edited by M. Colucci
FLYER
JOB VACANCIES
