Friday, May 22, 2009

Sports Law Weekly Round Up: 22 May

Since the creation of the European Union enshrined free movement of workers across borders, there have been a number of important sporting rulings testing these principles. Bosman, Webster and Kolpak immediately spring to mind, however I am sure that sports lawyers can name many more. Perhaps we should have a competition. The name of Matuzalem must be now added to that list, after the Court of Arbitration for Sport ruled that the Brazilian must pay Shaktar Donetsk €11.86 million for unilateral breach of his contract.

The CAS’ ruling is here. FIFA praised the decision as supporting its regulations that Article 17 of the FIFA Regulations on the Status and Transfer of Players does not allow players to unilaterally breach their contracts. FIFPro, however, disagreed, stating that the ruling emphasises that FIFA’s Regulations breach freedom of movement principles. “Implementing these new specificities is most certainly outside of the boundaries set by the European Commission”, said Theo van Seggelen, General Secretary of the international players’ union.

In other news;

• The Football Association is to deliver its response to government questions on the future of football next week, reports The Guardian.

• The Presidents of both FIFA and WADA had a telephone conversation on Monday, after which FIFA confirmed that it has ratified the WADA Code, but that a couple of points relating to team sports need to be resolved. However, FIFPro – which has already launched legal proceedings against the requirements under the new version of the WADA Code – reiterated its opposition.

• The England and Wales Cricket Board has called for new legislation against ticket touting, after its investigation revealed over 1,900 ‘black market’ tickets for the ICC World Twenty20 tournament, reports The Guardian.

• UEFA instigated disciplinary proceedings against Chelsea FC for the improper conduct of players and supporters during the UEFA Champions League semi-final against FC Barcelona, and against Didier Drogba and Joseph Bosingwa for breach of the principles of sportsmanship. The case will be heard on 17 June.

• The Football League has written to the government proposing scrapping the transfer window domestically and a transfer ban on clubs that fall behind in tax payments, reports the BBC.

• FINA, the international swimming federation, has revised its approval of swimming suits following the breaking of a number of records by swimmers wearing high-tech suits recently, reports The Guardian.

If you would like to discuss any of these issues further, please get in touch by clicking on my name below.

Andy Brown


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