FIFA REGULATIONS ON STATUS AND TRANSFER OF PLAYERS
(June 2018 edition)
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: CAS dismissed Nesta Carter’s appeal against disqualification of Jamaican Men’s 4 x 100m relay team
(CAS Media Release)
(31.05.2018)
The Court of Arbitration for Sport dismissed Nesta Carter’s appeal against the decision issued by the International Olympic Committee disciplinary panel, which had found that Carter committed an anti-doping rule violation during the Beijing 2008 Olympic Games. The appealed decision led to the disqualification of the entire Jamaican Men’s 4 x 100m relay team (including Usain Bolt) and the return of medals.
- Tennis: CAS increased the suspension of Italian tennis player Sara Errani
(CAS Media Release)
(11.06.2018)
The Court of Arbitration for Sport upheld the appeal lodged by the Italian national anti-doping agency (Nado Italia) against the decision taken on 3rd August 2017 by the International Tennis Federation (ITF), and extended the period of ineligibility imposed on the Italian athlete from two to ten months.
On the contrary, the appeal filed by the Italian tennis player Sara Errani against the same decision was dismissed.
- Football: CAS dismissed KS Skënderbeu’s request for a stay in the appeal proceedings initiated against the decision issued by the Control, Ethics and Disciplinary Body of UEFA
(CAS Media Release)
(14.06.2018)
The Court of Arbitration for Sport dismissed the request for provisional measures filed by KS Skënderbeu in which it sought to stay the execution of the decision issued by the UEFA Appeals Body on 26 April 2018 for match-fixing, which sanctioned the Albanian club with the exclusion from UEFA Club Competitions for the next ten years and a fine of EUR 1,000,000.
- CAS jurisprudence: CAS published the Bulletin no. 1/2018
(CAS Bulletin 1/2018)
(25.06.2018)
The Court of Arbitration for Sport released a new issue of its bulletin, which includes several analysis of leading CAS cases, and a number of articles and commentaries.
- Football: Ghana FA’s President banned for corruption
(FIFA Media Release)
(08.06.2018)
FIFA Ethics Committee banned the President of the Ghana Football Association (GFA) and FIFA Council member, Mr Kwesi Nyantakyi from all football activities for 90 days over corruption.
Meantime, a court in Ghana suspended the country’s football association, and the government announced that it wants to dissolve GFA over bribery scandal.
- Football: the FIFA Disciplinary Committee confirmed that players are not to be considered a “third party” in the sense of the FIFA RSTP
(FIFA Media Release)
(26.06.2018)
The FIFA Disciplinary Committee decided that a player cannot be considered as a third party with respect to his/her own future transfer: as a result, the fact that a player may receive a compensation in relation to his/her future transfer to a new club is not considered a violation of FIFA’s rules on third-party ownership of players’ economic rights.
- Football: the CFCB Adjudicatory Chamber issued a decision in the AC Milan case
(UEFA Media Release)
(27.06.2018)
The Adjudicatory Chamber of the Club Financial Control Body (CFCB) sanctioned AC Milan for breaching the UEFA Club Licensing and Financial Fair Play Regulations, with exclusion from the next UEFA club competition for which it would qualify in the next two seasons.
SWISS FEDERAL TRIBUNAL
- Football: the Swiss Federal Tribunal explained the suspension granted in the Guerrero case
(SFT Media Release)
(31.05.2018)
The Swiss Federal Tribunal published a media release explaining the reasoning behind the decision that suspended the 14-months ban imposed by CAS on the Peru captain Paolo Guerrero.
The Federal Tribunal is expected to examine the case in detail following the World Cup.
THE EU COURT OF JUSTICE
- Football: the EU Court of Justice suspended Valencia’s obligation of payment in the matter of State aid
(Media article)
(13.06.2018)
The EU Court of Justice granted the stay of execution to Valencia CF in the proceedings for illegal state aid, whereby the Spanish club was requested to pay 23.6 million euros by 5th July 2018.
TENNIS INTEGRITY UNIT
- Tennis: Dmytro Badanov banned for life for match-fixing offences
(TIU Media Release)
(29.05.2018)
Ukrainian tennis player Dmytro Badanov was found guilty of tennis match-fixing offences, which occurred in 2015 and 2016. As a result, he was sanctioned with a lifetime ban and fined $100,000.
Regulations
- Athletics: new Eligibility Regulations for Female Classification
(IAAF new eligibility regulations)
(23.04.2018)
The International Association of Athletics Federations issued new “Eligibility Regulations for Female Classification” for events from 400 meters to the mile, and combined events over the same distances.
The new regulations, which will be effective as from 1st November 2018, have been challenged before the Court of Arbitration for Sport by the South African middle-distance runner Caster Semenya and by Athletics South Africa.
- Football: UEFA issued the new edition of its Club Licensing and FFP Regulations
(UEFA Club Licensing and FFP Regulations – Edition 2018)
(03.06.2018)
UEFA published the “2018 UEFA Club Licensing and FFP Regulations”. One of the most relevant changes comes in the form of Art. 47bis, requiring clubs to publish the total amount paid to or for the benefit of agents/intermediaries, and the last audited annual financial information assessed by the licensor.
- Football: FIFA Circular Letter no. 1635 set a new registration procedure for Refugees/Protected Persons
(FIFA Circular Letter no. 1635)
(08.06.2018)
By means of the Circular Letter no. 1635, FIFA introduced a significant change in the ITC procedure for Refugees/Protected Persons: in order to protect players’ safety, the association that is requesting to register the player shall request via email directly to the FIFA Players’ Status Department to intervene, rather than requesting the ITC from the association of the player’s nationality and former club.
- Football: Belgium lowered the age for football players to sign professional contracts
(2018/202713)
(10.06.2018)
The minimum age of 16 yeas required by Belgium law (i.e. article 1er de l’arrêté royal du 18 juillet 2001) to sign professional contracts does not apply to football anymore. As from 16th June 2018, football players are allowed to sign professional contracts as from the age of 15.
- Betting: Swiss voted to block foreign betting sites in referendum
(Federal Act on Gambling)
(10.06.2018)
Swiss voters have approved a new gambling law which will block foreign betting sites as from 2019. The new Gambling Act, which won the support of 72.9% of voters, allows only Swiss-certified casinos and gaming firms to operate.
Documents and Reports
- Football: UEFA and the Council of Europe signed a strategic Memorandum of Understanding
(Memorandum of Understating)
(31.05.2018)
A memorandum of understanding aimed at enhancing the cooperation in the interests of the development of sport has been signed by the UEFA President, Aleksander Ceferin, and the Council of Europe Secretary General, Thorbjørn Jagland.
- Football: Deloitte published the Annual Review of Football Finance 2018
(Annual Review of Football Finance 2018)
(07.06.2018)
Deloitte released a report on the financial results of the 2016/17 football season, which shows an improved profitability and financial stability for football clubs.
- Football: UEFA CFCB’s report on settlement agreements and break-even requirement
(UEFA report June 2018)
(13.06.2018)
The UEFA Club Financial Control Body (CFCB) Investigatory Chamber published an update on the monitoring of the settlement agreements signed in the past few years and on the monitoring of the break-even requirement for clubs having participated in UEFA club competitions last season.
- Football: UEFA published settlement agreements concluded with Galatasaray and Maccabi Tel Aviv
(Settlement Agreement Galatasaray AS - Settlement Agreement Maccabi Tel Aviv)
(13.06.2018)
UEFA published redacted versions of the settlement agreements entered into with the Israeli club Maccabi Tel Aviv FC and the Turkish club Galatasaray AS.
PAST EVENTS
INTERNATIONAL ARBITRATION IN SPORT:
THE LATEST DEVELOPMENT ON SPORTS LAW
Milan, 8-9 June 2018
Set in the beautiful Excelsior Hotel Gallia in Milan, Sports Law and Policy Centre and the Centro Scientifico di Diritto dello Sport organised a two-day conference to provide an in-depth analysis of the latest developments in the complex field of sports arbitration.
The conference opened with speeches from Salvatore Civale, President of the Italian Sports Lawyers Association (AIAS), Fabio Iudica, Director of Centro Scientifico di Diritto dello Sport (CSDS) and Michele Colucci, Scientific Director of the Sports Law and Policy Centre. Together, they set the stage for a productive discussion among many of the leading arbitrators and international sports lawyers in attendance. Over the course of the two-day conference, participants analyzed the functioning of the Court of Arbitration for Sport (CAS) and its most controversial features, along with a detailed overview of some interesting cases decided by CAS and some internal bodies of sports associations (such as the FIFA Disciplinary Commission, the FIFA Dispute Resolution Chamber and the FIFA Players’ Status Committee).
UPCOMING EVENTS
Recent Developments in International Sports Law
7 June and 6 December 2018
at the office of De Kempernaer Advocaten in Arnhem, the Netherlands.
Programme
Sport&EU 2018 Conference Programme
Edge Hill University on 3-4 July 2018
Programme
4th LawInSport’s Annual Conference ‘Understand The Rules Of The Game 2018
London, 13-14 September 2018
Royal Institution of Great Britain, Green Park (Mayfair),
Programme
6th AIAF Annual Congress
Footballer's contracts - Making them and Breaking them
Lausanne, 18-19 September 2018
Programme
PUBLICATIONS
INTERNATIONAL ENCYCLOPAEDIA OF SPORTS LAW
Edited by M. Colucci
The International Encyclopaedia of Sports Law deals with international and national sports law.
Following the same table of contents, the Encyclopaedia is composed of 33 national monographs (see flyer).
An introductory part may precede each section. For each level of jurisdiction, a further distinction will be made between public regulation (laws and regulation from governmental authorities) and private regulation (regulation and by-laws from sports organisations, like IOC, FIFA, UEFA, etc.)
Editor - Authors -
Outline -
Published monographs -
Flyer
IEL Sports Law in Italy
Fourth Edition
Kluwer Law International
By
Michele Colucci
Giuseppe Candela
Salvatore Civale
Alessandro Coni
FLYER
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
THE FIFA REGULATIONS ON WORKING WITH
INTERMEDIARIES
IMPLEMENTATION AT NATIONAL LEVEL
II EDITION
Michele Colucci (ed.)
International Sports Law and Policy Bulletin 1/2016
ISBN 978-88-940689-6-2 (December 2016)
PRESS RELEASE -
BROCHURE -
TEASER -
ORDER FORM
BOOK REVIEW (I Edition) -
COMPARATIVE TABLE (updated on 3.12.2017)
JOB VACANCIES
