ATFIELD Sports Law’s Post

#sportslaw #football #contracts The reaction (over reaction in some quarters) to the Diarra case is very reminiscent of the over-reaction of some within football to the Webster case on Article 17 FIFA statutes back in 2000. I had the privilege of appearing in that case - and meeting Andrew Webster MSc himself - before TAS/CAS Tribunal Arbitral du Sport / Court of Arbitration for Sport / Tribunal Arbitral del Deporte with Juan de Dios Crespo Pérez instructed by Matthew Bennett and Carol Couse Some football administrators and #journalists back then predicted it would be "the end" of the transfer system. It was not of course, and nor was Bosman before it. You can be confident that the stakeholders will agree a new modus operandi post #diarra going forward and apocalyptic predictions will not come to pass. The Webster case was before #socialmedia and that allowed for a slightly more measured reaction by the wiser and calmer heads in #football. The best article on the impact of the case I recall was written by FIFPRO (who had made submissions in the case when it was heard in Lausanne) - see https://lnkd.in/ePSJMKdU Of course time will tell what impact the Diarra case has on The Premier League and EFL (English Football League) or LALIGA the Bundesliga International GmbH or any other league, but it will not lead to a free for all, just as "sporting just cause" has not led to the mass termination of players contracts by disgruntled players not picked for the first team. #football #sportsjournalism #law #lawstudents #sport #soccer #europeanlaw #employmentlaw #europeanunion

Happy and honoured to see my and Michele Colucci's in-depth analysis on the Diarra case published on RDES. We believe it offers valuable insights for students, sports lawyers, clubs, players and sports governing bodies.   https://lnkd.in/dVk9y5Nt #RDES #diarracase #clubs #sport #sportmanagement

Pogba disposto a sacrificar salário para retorno à Juve e sonho da Copa do Mundo ... (NADO Italia) devido a um teste positivo para DHEA, uma substância que aumenta os níveis de testosterona. A apelação de Pogba ao TAS baseou-se na ... https://lnkd.in/d_MfadVj The Anti-Doping Database is a Database of sanctioned athletes that now contains more than 13.000 items. The database is being used by sports journalists, sports lawyers, students, national anti-doping agencies and sports federations around the world. We have been dedicated to clean sport and transparency since 2005, and we are one of the most trusted sources of anti-doping statistics. You find the Anti-Doping Database at https://lnkd.in/g33HxFSC #doping #cleansport #antidoping #datajournalism #sportlaw

The latest #FIFA and #UEFA news from the Spanish courts. The European Superleague ruling was issued by the Commercial Court of Madrid following the landmark #ECJ ruling on 21 December 2023. The decision is not yet final and can be appealed to the higher Provincial Court of Madrid. So the Superleague saga is likely to continue until a final decision is made... Official statements have now been issued by both parties. One might wonder if they read the same judgement. :) #UEFA press release: https://lnkd.in/dg6ifx95 #Superleague press release: https://lnkd.in/dUWWB4Ri #ffar #sportsbusiness #footballregulation #sportslaw #footballlaw #football #footballnews #footballagent #footballbusiness #fifa #uefa #ffaronline #spain #madrid #transparency #knowledge #hub #competition #competitionlaw #ecj #cjeu

IT IS OFFICIAL 🔥 FC BARCELONA has registered Dani Olmo and Pau Victor and they are eligible to play for the club. ⚽ 👇 Consejo Superior de Deportes (CSD) has granted the urgent provisional measure requested by FC Barcelona and its players, Dani Olmo and Pau Víctor. The decision is solely a provisional measure, however it temporarily suspends the ‘Acuerdo de la Comisión de Seguimiento del Convenio de Coordinación RFEF-LaLiga’ and the cancellation of the players’ sports licenses. The reasoning raised by representatives of FC BARCELONA and accepted by CSD include: ·       Irreparable harm which may be suffered by the players based on Article 27 of Ley del Deporte; ·       Important doubts regarding role and scope of authority of decisions of Comisión de Seguimiento which however does not prevent Comisión de Seguimiento from executing its role as supervisory body as per Convenio de Coordinación with LaLiga; #Sportsaw #FCBarcelona #RFEF #LaLiga #Supercopa #LicensingDisputes

🔎 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻 𝗼𝗳 𝟰 𝗢𝗰𝘁𝗼𝗯𝗲𝗿 𝟮𝟬𝟮𝟰 𝗿𝗲𝗻𝗱𝗲𝗿𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗘𝘂𝗿𝗼𝗽𝗲𝗮𝗻 𝗨𝗻𝗶𝗼𝗻 𝗶𝗻 𝘁𝗵𝗲 𝗰𝗮𝘀𝗲 𝗼𝗳 𝗖‑𝟲𝟱𝟬/𝟮𝟮 𝗜 𝗙𝗜𝗙𝗔 ⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️ The much-awaited decision was issued on 4 October 2024 by the II Chamber of the Court of Justice of the European Union (“CJEU”). The dispute stems from the player BZ's contractual breach 'without just cause’ of his employment contract with Lokomotiv Moscow. BZ was held liable by the FIFA Dispute Resolution Chamber ("DRC"), in 2015, to pay Euro 10.5 million compensation to Lokomotiv Moscow under art. 17 of the FIFA RSTP. Meanwhile, in February 2015 BZ was unable to register with the Belgian club Sporting du Pays de Charleroi due to the FIFA International Transfer Certificate ("ITC") being withheld pursuant to the FIFA RSTP. BZ's ensuing claim for losses before the Hainaut Court was partially upheld in 2017. Upon appeal by FIFA, the Mons Appeal Court referred the case to the CJEU. [prosegue nei commenti] 🔎 Osservatorio sulla Giustizia Sportiva di Olympialex: le più recenti decisioni degli organi di giustizia sportiva esaminate dagli avv.ti Alessandro Narciso, Stella Riberti e Giulia Vigna 📑✍️ [Commento a cura di: avv. Stella Riberti] #dirittosportivo #sportslaw #direitodesportivo #derechodeportivo #sport #sportsmanagement #sportsbusiness #sportsindustry #sportsmarketing

Latest milestone in the Superleague saga: the Commercial Court in Madrid has (partly) upheld Real Madrid's action, finding that UEFA and FIFA abused their dominant position by putting in place "unjustified and disproportionate" restrictions aimed at precluding the emergence of breakaway competitions. The Commercial Court argues that UEFA and FIFA's actions were not aimed solely at impeding a particular breakaway competition, but at precluding the emergence of any alternative competition in order to maintain their monopoly over European inter-club tournaments. In doing so, their conduct constituted a clear breach of Articles 101 and 102 TFEU. Both UEFA and FIFA have been ordered to refrain from carrying out the anticompetitive practices in question. The judgment is not yet final and can be appealed to the Provincial Court of Madrid. Judgment (and a more detailed analysis) to follow.

This study intends to inform whether UEFA (Union of European Football Associations) Financial Fair Play (FFP) is “fair”. More specifically, it examines whether Real Madrid built its past successes in the men’s Champions League “unfairly” (as per FFP requirements) as a platform for its current “fair” revenue and wins. The methods employed are documentary search and calculation of the percentage of revenue derived from earlier “unfair” wins to assess whether they contributed to recent wins. Results suggest that Real Madrid’s initial wins in the Champions League would have complied with FFP requirements, but not its three wins over the period 1998-2002, meaning that the club currently generates revenue considered as “fair” from past “unfair” wins. However, this additional revenue does not seem to have acted as a platform for recent successes. Therefore, FFP might be “fair”. Extending the analysis to more clubs is needed to investigate this further. https://lnkd.in/ekvA--t8

As the summer transfer window opens for European clubs, we find ourselves pondering why some of Cameroon's top talents struggle to excel abroad compared to their counterparts from other African countries. I recently had the opportunity to discuss this with CAF-licensed coach Bille Tanga, FIFA transfer Agent Ahmadou Tigana, Sports Journalist Sidik Lombardi and Analyst Tony Franck According to a FIFA transfer report from September 2023, a staggering 1,115 thousand transfers occurred out of the African continent during that period, amounting to $45.5 million. While this figure highlights a thriving market for African players overseas, it also underscores the intense competition. Only the most talented and skilled individuals manage to secure their place or survive in this demanding environment. Examining successful exports like Carlos Baleba, Aboubakar Nagida, Blondon Meyapia, and Teeth Evans Kaiba Djawal, we notice a common thread—they hail from academies with robust structures and better player development programs. This isn't to diminish the efforts of others, but rather to emphasize the importance of high standards in player formation and training. The transfer business remains lucrative, and considering the financial challenges faced by many Cameroon clubs, the revenue generated from player sales can significantly contribute to their sustainability. Find the complete program below 👇🏿 https://lnkd.in/gpJGD2eh

On 4 October 2024, the EU Court of Justice ruled that certain FIFA rules governing the termination of a contract "without just cause" by a player are restrictive pursuant to both art. 45 TFEU (on free movement) and art. 101 TFEU on competition, leaving it to the national judge to establish whether such rules can be considered proportionate with respect to the objective of guaranteeing the integrity of interclub football competitions. It is undoubtedly an important ruling, potentially capable of reshaping the current system of transfers of players "under contract". The conference that will take place at the University of Bergamo on 21 November 2024 is dedicated to this ruling. My personal thanks to Xavier Jacobelli who agreed to moderate the interventions of Andrea Butti (Lega Serie A), Umberto Marino (Atalanta BC), Daniele Muscarà (AIAS), Valerio Bernardi (FIGC) and Federico Venturi Ferriolo (LCA Law Firm) , as well as Giulio Marchesi (President of the Bar of Bergamo) and Marco Donadoni (HServizi SpA). #EU #courtofjustice #FIFA #sport #sportmanagement #rules #conference #football #calcio #universitàbergamo #evento #unibg