Dan Matheson’s Post

https://lnkd.in/ebV83ybk Fascinating! #France has collaborated well with #CAS to process, and then hand down, sports arbitral awards for #olympic athletes quickly and efficiently #sportslaw #sportsarbitration

Has UEFA succeeded in meeting the requirements of the Super League ruling? **************************** An article by Jasper M. Wauters and Nikolas Hertel: UEFA's new Authorisation Rules provide a comprehensive catalogue of requirements which must be fulfilled by applicants seeking authorisation to establish an alternative club competition in Europe. Whether this catalogue will be considered as a sufficiently transparent, objective, non-discriminatory, and proportionate framework may be tested in the future. Article 16 of the Rules, which provides for Ireland as a potential seat of CAS arbitration, constitutes a novelty in CAS-based international sports arbitration. Only time can tell whether this option suffices to address the CJEU's concerns over CAS opining on EU law matters, and whether other sports governing bodies will follow this example. https://lnkd.in/d4qhnuyn #ffaronline #ffar #sportsbusiness #footballregulation #sportslaw #footballlaw #football #law #footballbusiness #footballnews #footballagent #footballbusiness #fifa #uefa #ecj #cjeu #luxembourg #competition #competitionlaw #eu #eulaw #europeanunion #superleague #isu #tfeu #alternativecompetitions #clubcompetition #whitecase #cas #sportsarbitration #ireland

In June 2024, UEFA adopted its Authorisation Rules governing international football and futsal club competitions, thus responding to the European Court's ruling in the Super League case. The Authorisation Rules lay down conditions for the authorisation by UEFA of alternative club competitions. Noteworthy is the fact that the Rules provide for mandatory arbitration before the Court of Arbitration for Sport ("CAS") to resolve any disagreement but offer the option for an appellant to select Dublin, Ireland as an alternative seat for CAS arbitration, thus enabling potential review of CAS awards by an EU based court, with the possibility of making a preliminary reference to the Court of Justice of the EU ("CJEU"). https://ow.ly/sMhi50TJA29 #whitecase

In June 2024, UEFA adopted its Authorisation Rules governing international football and futsal club competitions, thus responding to the European Court's ruling in the Super League case. The Authorisation Rules lay down conditions for the authorisation by UEFA of alternative club competitions. Noteworthy is the fact that the Rules provide for mandatory arbitration before the Court of Arbitration for Sport ("CAS") to resolve any disagreement but offer the option for an appellant to select Dublin, Ireland as an alternative seat for CAS arbitration, thus enabling potential review of CAS awards by an EU based court, with the possibility of making a preliminary reference to the Court of Justice of the EU ("CJEU"). https://ow.ly/RPRY50TLzNr #whitecase

In June 2024, UEFA adopted its Authorisation Rules governing international football and futsal club competitions, thus responding to the European Court's ruling in the Super League case. The Authorisation Rules lay down conditions for the authorisation by UEFA of alternative club competitions. Noteworthy is the fact that the Rules provide for mandatory arbitration before the Court of Arbitration for Sport ("CAS") to resolve any disagreement but offer the option for an appellant to select Dublin, Ireland as an alternative seat for CAS arbitration, thus enabling potential review of CAS awards by an EU based court, with the possibility of making a preliminary reference to the Court of Justice of the EU ("CJEU"). https://ow.ly/xkEN50TMuuV #whitecase

Hi Network, I have just published a new article on my blog A Score To Settle titled, ‘Will Major European Leagues Have Their Matches Played Abroad?’ This article looks at the current trends with domestic matches being played in overseas territories, the legal implications of this, (specifically in relation to La Liga’s recent proposals) and finally, what we can expect from the future. Check out the article via the link and follow A Score To Settle for more! #ascoretosettle #sportaw #law #sport

"No-poach" agreements - What can sports learn from Portuguese & Mexican football, US Major Leagues and UFC? by Emmanuel Goriola: https://lnkd.in/e_EZhjk6 Article Highlights: ▶️ Facts of the Portuguese football league case ▶️ No-poach agreements ▶️ The AdC's decision ▶️ The clubs' appeal to the CJEU ▶️ How EU competition law applies to "rules of sporting interest" ▶️ Arrangements between sports teams that have fallen foul of competition law ▶️ Proportionate arrangements that have been permitted ▶️ Lessons for clubs and associations Clifford Chance #sportslaw

📌Can Professional Footballers Own or Invest in Football Clubs? The increasing involvement of professional footballers in club ownership raises significant legal questions. While players can invest in clubs, strict regulations are in place to prevent conflicts of interest and protect the integrity of the sport. 📍FIFA and UEFA set clear guidelines, especially regarding conflicts in competitions. For example, UEFA's Article 5 prohibits players or entities from having a "decisive influence" over more than one club competing in the same competition, such as the Champions League. This is to avoid any potential manipulation or unfair advantages. Similarly, domestic leagues like the English Premier League impose ownership tests to ensure that players’ investments do not create conflicts. Players investing in clubs within their own leagues must declare such interests, and regulatory bodies scrutinize these arrangements closely. However, there are notable examples where active players have found ways to invest without breaching these rules: 1.Gerard Piqué – Invested in FC Andorra through his company Kosmos Holding while playing for FC Barcelona. Since FC Andorra competes in a lower division, this didn’t conflict with La Liga or UEFA regulations. 2.Zlatan Ibrahimović – Acquired shares in Hammarby IF, a Swedish club, while still an active player at AC Milan. This raised concerns due to FIFA regulations, but he maintained his investment. 3.Keisuke Honda – Purchased SV Horn, an Austrian second-division club, while still playing professionally. His involvement didn’t pose a conflict with top-tier leagues or FIFA. 4.Didier Drogba – Co-owned Phoenix Rising FC in the USL while playing in the United States. Since the team competed in a lower league, it avoided regulatory scrutiny Furthermore there are precedents of former players transitioning into ownership roles post-retirement, like David Beckham (Inter Miami) and Ronaldo (Real Valladolid), which carry fewer conflict risks. 📍Overall, while ownership is possible, professional footballers must navigate complex regulations to ensure compliance. Legal advice is essential for safeguarding both the player’s and the sport’s integrity. #SportsLaw #FootballLaw #PlayerOwnership #UEFA #FIFA #FootballRegulations #ClubOwnership #ConflictOfInterest #footballbusiness #sportslawyer #cypruslaw #cyprus #contractlaw #fifarules #uefarules #footballinvestment #sportsinvestment #footballinvestor

⚡ Groundbreaking developments in Estonian #sportslaw and #arbitration! 🏅 Estonian Olympic Committee (IOC) is planning to give birth to Estonian Sports Court (an arbitration tribunal, essentally a domestic equivalent of TAS/CAS Tribunal Arbitral du Sport / Court of Arbitration for Sport / Tribunal Arbitral del Deporte). 👍 I find the idea of a specialised sports arbitration court most welcome. 👎 However, having studied the materials sent to IOC Plenary Session for adoption, I think the current concept and rules are very raw and even in conflict with Estonian #constitution. ⚖️ The main issue: the plan is to forbid all Estonian athletes, trainers, clubs etc. to turn to national court system after the decision of Sports Court. I think this is unconstitutional and contrary to European Convention on #humanrights. By comparison: one can take CAS's decisions to Swiss Federal Supreme Court. 🗣️ Together with the chairman of IOC Athletes' Committee, Estonian rowing hero Allar Raja, we urged IOC and candidates running for IOC presidency to take a time-out and set things straight. 👇 Estonian-speakers can read Allar's press release and my opinion piece from the links below.

"No-poach" agreements - What can sports learn from Portuguese & Mexican football, US Major Leagues and UFC? by Emmanuel Goriola and Sam Parry: https://bit.ly/3BJzruz Article Highlights: ▶️ Facts of the Portuguese football league case ▶️ No-poach agreements ▶️ The AdC's decision ▶️ The clubs' appeal to the CJEU ▶️ How EU competition law applies to "rules of sporting interest" ▶️ Arrangements between sports teams that have fallen foul of competition law ▶️ Proportionate arrangements that have been permitted ▶️ Lessons for clubs and associations #sportslaw