Legal News

Blog categorized as Legal Briefs

Version of the World Anti-Doping Code and International Standards 2021 approved and published by WADA
The World Anti-Doping Agency (WADA) has published, November 26, 2019, the approved version of the 2021 World Anti-Doping Code and the International Standards, as well as the Athlete Anti-Doping Right Act.
World Anti-Doping Agency (WADA) - Approval of the 2021 version of the World Anti-Doping Code and International Standards
On the occasion of the Fifth World Conference on Doping in Sport in Katowice, Poland (November 5-7, 2019), the Foundation Board and Executive Committee of the World Anti-Doping Agency (WADA) approved the draft of the 2021 Code and the revised International Standards
[FIFA] Amendments to the Rules of the Players' Status Committee and the Dispute Resolution Chamber
The Council of the International Federation of Football Association (FIFA) approved, during its meeting of 24 October 2019, several amendments to the Regulations of the Players' Status Committee and the Dispute Resolution Chamber (CRL).
New FIFA recommendations on agent fees and limiting player loans
On Wednesday, 25, 2019, the FIFA Players Actors 'Committee adopted new recommendations concerning agents' fees (for players and clubs) and the number of player loans, with the aim of regulating the transfer market. .
The Dispute Resolution Chamber acts as a substitute for the FIFA administration in the context of complaints related to the training allowance and the solidarity mechanism
FIFA announces the creation of an article 13 in the Regulations of the Players' Status Committee and the Dispute Resolution Chamber (CRL) to submit proposals in disputes relating to training compensation and the solidarity mechanism not for a preliminary ruling
Amendments to the FIFA Code of Ethics
In a press release dated July 29, 2019, the Fédération Internationale de Football Association (FIFA) informs us that its Council approved certain amendments to the Code of Ethics at the end of its meeting in Paris on June 3.
Amendments to the FIFA Regulations on the Status and Transfer of Football Players
The Council of the International Federation of Football Association (FIFA) has approved certain amendments to the Regulations for the Status and Transfer of Players, following two sessions of 15 March 2019 and 3 June 2019.
Football: compensation preforming training clubs recognized for futsal clubs
Cabinet Bertrand is pleased to have been able to assist the Association Sportive et Culturelle de Garges Djibson Futsal for the recognition by the Administrative Judge of the quality of training club for futsal clubs (TA, February 14, 2019), of a player from futsal turned professional football player
Football: Brussels Court of Appeal finds unlawful use of Court of Arbitration for Sport imposed by FIFA
The Brussels Court of Appeal (judgment 29 August 2018) declares the illegality of the clauses of compulsory appeal to the Court of Arbitration for Sport (CAS) in the statutes of FIFA, UEFA and the national federations with regard to European law and the European Convention on Human Rights.
Council of State June 21, 2018, the winnings of the usual poker player are subject to income tax (BNC)
According to judgment of June 21, 2018, the Council of State reconsidered the tax regime applicable to the winnings of poker players. Since the practice of poker is "usual", the sums collected will be subject to income tax under non-commercial profits (BNC).
AFLD | Constitutional Council, the absence of separation of the prosecution and judgment functions of the AFLD is contrary to the Constitution
For the Constitutional Council, the absence of separation within the AFLD between the prosecution and judgment functions is contrary to the principle of impartiality of the Declaration of the Rights of Man and of the Citizen (judgment 2 February 2018 following a priority question of constitutionality QPC)
Transfers of athletes, final report on the economic and legal issues of the European Commission
The European Commission has published a report on the development of the economic and legal issues of transfers entitled "An update on change drivers and economic and legal implications of transfers of players" analyzing the European football market and determining eight recommendations.
TPO: Swiss Federal Supreme Court confirms CAS award in RFC Seraing v. FIFA
By decision of February 20, 2018, the Federal Court dismissed the appeal of the RFC Seraing club and the Doyen Sport company against the sentence of the CAS which had the validity of the FIFA regulations prohibiting recourse to the TPO.
FIFA governance, report by Council of Europe deputy Anne BRASSEUR
Mrs Anne Brasseur, European parliamentarian, gave a report on "good governance in football" produced on behalf of the Parliamentary Assembly of the Council of Europe (PACE). The report denounces the lack of independence of FIFA bodies vis-à-vis its President.
According to the ECHR, the location system for athletes does not violate article 8 of the CESDH
The European Court of Human Rights considers, in a judgment n ° 48151 / 11, dated 18 January 2018, that the French State, by imposing a system of localization to the sportsmen, does not violate the article 8 of the European Convention for the Protection of Human Rights.
Promise to hire sportsmen: the will of the parties as a determining criterion retained by the Court of Cassation
The Court of Cassation (by two judgments of 2017) clarified the respective definitions of the offer and the unilateral promise of a sportsman's employment contract between a sports club (rugby) and a player (recognizes the existence of a contract due to the meeting of the wishes of the parties)
Online sports betting: the FJD condemned
The Court condemns the Française des Jeux (FdJ) to pay the winnings of a bettor (error in the calculation of the odds - FdJ responsible - inexcusable error not allowing the cancellation of sports betting contracts - FdJ must prove knowledge of the results by the bettor when placing his bet)
Sport Code: amendment of the provisions of the regulatory part
Decree No. 2017-1269 of August 9, 2017 (published in the Official Journal of August 11, 2017) simplifies, updates and corrects the regulatory provisions of the Sports Code. A decree of 24 August 2017 relating to the electronic publication of the regulations of the delegated sports federations completes this Decree.
Doping, the sanction of the AFLD against a coach having opposed the control of swimmers is confirmed
The Council of State, by order of the 25 August 2017, dismissed the application for interim measures of a swimming coach suspended by the French Anti-Doping Agency (AFLD) on the ground that it had Opposed to the control of swimmers it entails.
Football: Towards a major change of rules in the United States?
The Miami FC club said it had appealed to the Court of Arbitration for Sport (CAS) to force the US Soccer Federation (USSF) to introduce the system of promotion / relegation in its championships.