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World Sports Advocate

Volume: 13 Issue: 5
(May 2015)


A potential strike by Spanish football players was suspended by the Spanish High Court on 14 May after La Liga brought legal action seeking a declaration that the threatened strike was unlawful and for an award of damages. Following oral argument, the Court issued a decision granting the interim measure to suspend the strike provided that La Liga deposits a bond of €5 million. / read more

WADA issued a statement on 11 May on France Télévisions’ 3 May documentary that featured a study on ‘micro-dosing’ and its impact on the Athlete Biological Passport (ABP), stating that WADA is now aware of five complete profiles produced by the Stade 2 experiment and of those five, two would have been considered ‘positive’ cases under the ABP model and three would have been deemed ‘suspicious’ cases leading to targeted testing. / read more

Queens Park Rangers (QPR) and the Football League confirmed in a joint statement on 11 May that legal proceedings are “ongoing” concerning the Financial Fair Play Rules (FFP) imposed by the Football League (FL) to Championship Clubs.“QPR challenges the legality of the Football League’s Championship Financial Fair Play Rules and any charge against QPR (if any) for breach of FFP Rules shall not be commenced pending the outcome of that challenge,” reads the joint statement. / read more


A decision of the High Court of the Canton of Zurich, which had been taken on 8 April 2013, yet surfaced to public discussion only recently, has brought - or should bring - the possible legal implications of very serious diseases, and in particular of HIV infections, back to the attention of international sports lawyers. These implications may arise not only in professional football, but also in all comparable sporting disciplines. Michele A.R. Bernasconi, newly appointed member of the World Sports Law Report editorial board, and Dr. Jan Kleiner of Bär & Karrer AG, provide an analysis, in light of the aforementioned court decision, of the contractual issues that an HIV infection raises both before and after the conclusion of a contract between a football player and a club, and in particular assess the situation faced by the Court which had to examine the legal validity of a unilateral termination of an employment contract by a football club, related to an HIV infection of a professional football player. / read more

Clifford J. Hendel, Partner at Araoz & Rueda Abogados, who focuses his practice on international transactions and international dispute resolution and is a CAS arbitrator, provides context to the new law on collective bargaining of broadcasting rights in Spain applicable from the 2016-17 season, and describes the content of the legislation and its surprising immediate aftermath, which - far from seeing the controversy surrounding Spanish football TV rights finally resolved - has resulted in fierce criticism from the Royal Spanish Football Federation and the Spanish Football Association, and almost resulted in a shutdown of Spanish professional football from the 16 May. / read more

For several years, a group of about 5,000 former National Football League (‘NFL’) players have battled the league in a class action lawsuit over concussion-related injuries (In re: National Football League Players’ Concussion Injury Litigation MDL No. 2323). The plaintiffs sued the NFL in the US Federal Eastern District Court of Pennsylvania in Philadelphia claiming that it actively hid the medical risks associated with repeated concussions and was not providing healthcare coverage rightfully owed to former players diagnosed with severe neurological disabilities as a result of playing the game. Yet rather than proceed to the Super Bowl of football litigation, the parties reached an agreement that the Hon. Anita B. Brody approved on 22 April 2015. Steven J. Silver of McBreen & Kopko, explains the background to the settlement, the disagreement that has seen some members opt out of the settlement, and considers whether this settlement could serve as a framework for future concussion litigation settlements at an international level. / read more

Amrut Joshi, Founder of GameChanger Law Advisors and member of the World Sports Law Report editorial board, provides a detailed look at the recent Court of Arbitration for Sport dismissal of an appeal made by swimmer Amar Muralidharan against the decision of the Anti-Doping Appeal Panel of India’s National Anti-Doping Agency, and, perhaps more importantly, the Sole Arbitrator’s move to censure India’s National Anti-Doping Agency for the procedural delays in Muralidharan’s case, which Amrut explains should serve as a warning to other national anti-doping agencies worldwide to make sure delays do not permeate their systems. / read more

In Germany, riots in the context of football matches have long been dealt with exclusively by the respective sports associations. Hooligans, acting under the disguise of fandom, were considered to be football’s own problem. Thus, the various phenomena of hooliganism has been a blank sheet for criminal jurisprudence. However, in the past two years the German Federal Court of Justice - the Bundesgerichtshof - the nation’s highest court of civil and criminal jurisdiction, issued two final decisions that directly apply to mass brawls organised by hooligans. In this article Alexander Hettel, a Ph.D. Student at the University of Mannheim, provides an overview of the latest efforts in Germany to contain hooliganism. / read more

About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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