Blog categorized as Legal Briefs

On December 18, 2024, the Court of Cassation censured the decision of the Court of Appeal which had dismissed the jurisdiction of the CNOSF's Sports Arbitration Chamber in a sports dispute, and clarified the conditions for judicial review in the context of multiple contractual relationships.

Analysis of the crucial role of the CAS ad-hoc and anti-doping Chambers at the Paris 2024 Olympic Games: exclusive jurisdiction based on the Olympic Charter and contracts, accelerated arbitration procedures, issues of awards in matters of eligibility and doping

Decree No. 2024-821 of July 15, 2024 modifies the conciliation procedure before the CNOSF, a mandatory prerequisite before any sporting dispute. Composition of the Conference of Conciliators, rules of procedure, transparency: the main developments analyzed by our firm.

According to the conclusions of the Advocate General of the CJEU in the Diarra case, the FIFA rules on transfers violate free movement, competition and professional freedom. If these conclusions were to be followed by the Court, it could lead to a reform of the FIFA RSTJ.

The transfer of Cheslin Kolbe in 2021 led the NRL to strengthen its rules on salary cap. Since 2023, part of the transfer compensation has been introduced into the calculation of the payroll of professional rugby clubs.

The law of March 8, 2024 strengthens the protection of practitioners and good repute in sport. It establishes an annual check of the integrity of educators, new obligations for federations and operators, aimed at preventing violence, particularly against minors.

The CAS reduces the suspension of Simona Halep from 4 years to 9 months for involuntary doping. The former world No. 1 proved that her positive test for Roxadustat during the 2022 US Open was due to contamination of a dietary supplement. She can return to competition immediately.

For the CJEU, the rules of UEFA, FIFA and ISU on the prior approval of sports competitions are contrary to European competition law. Arbitration bodies in sports matters must be able to be subject to effective judicial control (via a preliminary question)

The new article 223 of the Administrative Rules of the LFP imposes that commercial disputes of an amount greater than €50.000 relating to the loans and transfers of players between French professional clubs, must be submitted to arbitration by the Chambre arbitrale du sport ( CASE).

If food supplements are not on the World Anti-Doping Agency's list of prohibited products (transposed into the Sports Code), athletes must remain vigilant because of the risk of contamination with prohibited products.

The Court of Cassation rejects the appeal of the Council of the Bar Association of Paris and confirms the cancellation of the article of the internal regulations of the Paris Bar which had authorized in 2020 lawyers to exercise the activity of intermediation sports, without a sports agent license.

On August 18, 2022, the Minister of Sports adopted an order noting compliance with the Sports Code of the modifications that the National Handball League (NHL) made to its statutes in March 2022, with the agreement of the French Handball Federation. (FFH).

The DNCG Appeals Committee confirmed the decision taken by the Professional Clubs Control Committee which pronounced the administrative demotion of the Girondins de Bordeaux to National 1 (financial difficulties). What are the means of appeal to challenge this decision?

The decree of April 26, 2022 sets the conditions allowing the maximum duration of the first employment contract of a professional football player to be extended from 3 to 5 years.

FIFA is launching its new online legal proceedings management portal for all proceedings before the Football Court and the judicial bodies of FIFA.

The Court of Arbitration for Sport (CAS) has rejected the request filed by the Russian Football Federation against the decisions of the UEFA Executive Committee and the FIFA Council suspending the participation of Russian clubs and national teams in their competitions.

FIFA has added an appendix 7 to the Regulations on the Status and Transfer of Players: “Temporary rules in response to the exceptional situation linked to the war in Ukraine”. These temporary provisions relate in particular to the rules for the registration and employment of players and coaches.

The decree relating to the conditions for granting and withdrawing the delegation granted to sports federations as well as the content and terms of the delegation contract was published on February 25, 2022. It modifies the mechanism for granting, refusing and withdrawal of the delegation.

The Council of State validates the option for the Sanctions Commission of the AFLD to reduce the duration of a sanction taken against an athlete for the use of unspecified substances when the circumstances of the case justify it with regard to the principle of proportionality .

Player loans will be subject to new regulations on July 1, 2022, which are part of the third group of reforms to the international transfer system – transfers of minors, loan contracts and squad sizes, registration periods, financial regulations .