Newsletter edited by
Salvatore Civale, Michele Colucci, Antonella Frattini
16 MAY 2019 / N. 3

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IN THE SPOTLIGHT

FIFA REGULATIONS ON STATUS AND TRANSFER OF PLAYERS (2019)

(16.05.2019)
FIFA issued the latest edition of its Regulations on the Status and Transfer of Players. The new edition, in force as from 1st June 2019, provides that players are not to be considered as third-parties in the sense of the definition 14 and article 18ter.

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

- Athletics: the CAS dismissed the requests for arbitration filed by Semenya and ASA (CAS Media Release - Executive Summary)
(01.05.2019)
The Court of Arbitration for Sport (CAS) has dismissed the requests for arbitration filed by the South African athlete Caster Semenya and Athletics South Africa. Caster Semenya and ASA requested that the “IAAF Eligibility Regulations for Female Classification (Athletes with Differences of Sex Development)” be declared invalid and void with immediate effect.
CAS found that such regulations are discriminatory but such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletics in the Restricted Events.

- Athletics: the CAS amends the period of ineligibility for Olha Zemliak and Olesia Povh (CAS Media Release)
(29.03.2019)
The Court of Arbitration for Sport issued its decision in the appeal proceedings initiated by the Ukrainian sprinters Olha Zemliak and Olesia Povh against the decisions issued by the Ukrainian Athletic Federation.
The CAS award confirmed that the athletes committed the anti-doping rule infractions and confirmed the UAF Executive Committee decisions with the exception of the start dates of the periods of ineligibility, which now run as from the dates of the respective sample collections.

- Football: FIFA sanctioned Anderlecht and the Belgian FA for international transfers of minors (FIFA Media Release)
(16.05.2019)
The FIFA Disciplinary Committee sanctioned the Belgian club RSC Anderlecht with a fine of CHF 200,000 and the Belgian Football Association with a fine of CHF 230,000, for breaches relating to the international transfer and registration of minor players.

- Football: Mino Raiola suspended worldwide for a period of three months (FIFA Media Release)
(10.05.2019)
The Chairman of the FIFA Disciplinary Committee decided to extend the sanction imposed by the Italian FA (FIGC) on the intermediary Carmine Raiola to have worldwide effect. Carmine Raiola is suspended for a period of three months.

- Football: FIFA sanctioned Chelsea FC and The FA for international transfers of minors (FIFA Media Release)
(08.05.2019)
The FIFA Appeal Committee partially upheld the appeal lodged by the English club Chelsea FC against the decision of FIFA Disciplinary Committee to sanction the club with a ban on registering new players. The ban has been confirmed but it has been limited to the registration of players over 16 years of age.

- Football: FIFA sanctioned nine individuals for match manipulation (FIFA Media Release)
(24.04.2019)
The FIFA Disciplinary Committee found eight players/former players and one players’ agent guilty of having been involved in match manipulation in violation of art. 69 par. 1 of the FIFA Disciplinary Code (Unlawfully influencing match results). Eight individuals were banned from football-related activity for life: Mr Karlon Murray, Mr Keyeno Thomas, Mr Hellings Mwakasungula, Mr Ibrahim Kargbo, Mr Kudzanai Shaba, Mr Séïdath Tchomogo, Mr Leonel Duarte, Mr Mohammad Salim Israfeel Kohistani. A ninth individual, Mr George Owino Audi, was banned for ten years.

- Football: Manchester City referred to CFCB adjudicatory chamber (UEFA Media Release; Manchester City Statement)
(16.05.2019)
UEFA CFCB chief investigator has decided to refer Manchester City FC to the CFCB adjudicatory chamber, following investigation into potential breaches of Financial Fair Play Regulations.

- Football: Montenegro sanctioned with a one-match stadium ban by UEFA CEDB for fans racially abusing England players (UEFA disciplinary updates)
(26.04.2019)
The UEFA Control, Ethics and Disciplinary Body sanctioned the Football Association of Montenegro and ordered it to play its next UEFA competition match as a host association behind closed doors for the racist behaviour of its supporters.

- Football: Neymar Jr suspended for 3 matches by UEFA CEDB (UEFA disciplinary updates)
(26.04.2019)
The UEFA Control, Ethics and Disciplinary Body suspended Neymar Jr for 3 UEFA competition matches, for insulting match officials.

- Football: UEFA CFCB investigatory chamber referred AC Milan to the adjudicatory chamber (UEFA media release)
(10.04.2019)
The investigatory chamber of the UEFA Club Financial Control Body referred the case of AC Milan to the adjudicatory chamber as the club has failed to comply with the break-even requirement during the current monitoring period assessed in the 2018/19 season and covering the reporting periods ending in 2016, 2017 and 2018.

BELGIUM

- Football: the Brussels Court of Appeals denied jurisdiction of Belgium courts in the Striani case
(12.04.2019)
The Brussels Court of Appeals denied jurisdiction of Belgium courts in the proceedings initiated by the Belgian player agent, Daniele Striani, in order to challenge the compatibility of UEFA FFP Regulations with EU law.

ITALY

- Football: US Palermo sanctioned for financial and administrative irregularities (News)
(13.05.2019)
The Italian Tribunale Federale Nazionale ascertained financial and administrative irregularities and confirmed the request made by the federal prosecutor to relegate Unione Sportiva Città di Palermo to Serie C.

RULES AND REGULATIONS

- Football: new edition of the FIFA RSTP (June 2019) (FIFA RSTP)
(16.05.2019)
FIFA issued the latest edition of its Regulations on the Status and Transfer of Players. The new edition, in force as from 1st June 2019, provides that players are not to be considered as third-parties in the sense of the definition 14 and article 18ter.

- Betting: Tennessee (USA) passed a bill to legalize online sports betting (News)
(1.05.2019)
Online sports betting will become legal in the state of Tennessee, USA, after Tennessee lawmakers approved the bill on Tuesday, 30 April 2019.

DOCUMENTS AND REPORTS

- Football: The FA report on fees paid to intermediaries (The FA report)
(31.03.2019)
The FA published its annual report on fees paid by clubs to registered intermediaries for the period between 1 February 2018 and 31 January 2019.

- Football: FIFA published its women’s world ranking (FIFA women’s ranking)
(29.03.2019)
FIFA published the final edition of the FIFA Women’s World Ranking before the Women’s World Cup starts in June 2019.

- BIG 5 TRANSFER WINDOW ANALYSIS, WINTER 2019, MEN’S FOOTBALL (FIFA report)
The report summarizes the activity in FIFA’s International Transfer Matching System (ITMS) between 1 January and 31 January 2019, focusing on clubs from the Big  5: England, France, Germany, Italy and Spain.



UPCOMING EVENTS





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/




* * *




THE FIFA DIPLOMA IN FOOTBALL LAW

from February 2020 to March 2021







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 - TEASER - ORDER FORM - 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)
FLYER - TEASER - ORDER FORM - PRESS RELEASE





INTERNATIONAL ENCYCLOPAEDIA OF SPORTS LAW
Edited by M. Colucci
FLYER

Sports Law in Australia by Andy Gibson - Flyer
Sports Law in Bulgaria by Boris E. Kolev, Tzvetelin Z. Simov - Flyer
Sports Law in China by Junxin Kang, Jing Xia, Chun Shen, Shuiqing Liu, Yang Chen, Feng Wu - Flyer
Sports Law in Croatia by Vanja Smokvina - Flyer
Sports Law in Czech Republic by Martin Procházka, Tomáš Capoušek - Flyer
Sports Law in France by Jean Michel Marmayou - Flyer
Sports Law in Hungary by András Nemes - Flyer
Sports Law in Japan by Takuya Yamazaki - Flyer
Sports Law in The Netherlands by Steven F.H. Jellinghaus, Michael J. Maessen, Harry van Drongelen, Jolande M.M. Janssen - Flyer
Sports Law in New Zealand by Elizabeth Toomey, Colin Fife - Flyer
Sports Law in Poland by Eligiusz Jerzy Krzesniak - Flyer
Sports Law in Spain by Juan de Dios Crespo Pérez - Flyer
Sports Law in Switzerland by Lucien W. Valloni, Thilo Pachmann - Flyer



JOB VACANCIES