Case law

Blog tagged as Case law

The salary cap, a key device in French professional rugby
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.
Halep case, the CAS reduces the duration of the suspension for doping to 9 months
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.
Contractual stability FIFA, football coaches and National Federations
For FIFA and the CAS, a national football federation cannot terminate, on the grounds of non-achievement of a sporting objective, unilaterally and in advance the employment contract of the selector or assistant coach of the national team without payment. compensation.
The Court of Justice of the European Union (CJEU) handed down, on December 21, 2023, 3 judgments relating to the monopoly of international sports federations
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)
SoFoot, July 26, 2023, "Can PSG shelve Mbappé for the whole season?"
Interviewed by SoFoot, Maître Jean-Jacques BERTRAND discusses the dispute between Kylian Mbappé and Paris Saint-Germain. This is an opportunity to recall the sporting, legal and judicial implications on the subject of dismissals of professional football players by their clubs.
Lawyer sports agent, judgment of the Court of Cassation
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.
The CAS's refusal to control the decisions taken by the field referees
The Court of Arbitration for Sport refrains from "reviewing decisions taken on the field of play by referees or other officials responsible for applying the rules of the game, unless there is evidence that these rules have been applied. arbitrarily or in bad faith "
Football and provision of players for national selections in the French team
The coach of the Bleuets struggles to obtain the agreement of professional football clubs to release the players selected for the France team for the Olympic Games. What are the regulations and why the provision of players is not compulsory for the Tokyo Olympics?
Acceptance of risks: sports practice and civil liability
In terms of sports practice (training / competition), in the event of an accident or injury, the implementation of the so-called risk acceptance theory may allow the author of the damage to be exempted from his civil liability. . Definition and limit (violation of the rules of the game)?
Assiduous, competent online poker player who lives on his earnings: consumer or professional?
According to a judgment of the Court of Justice of the European Union (CJEU 6è ch., Dec. 10, 2020, aff. C-774/19), the person playing online poker does not lose the quality of consumer. hours per day who has extensive knowledge and perceives significant gains from this game
Football: receivership and sporting consequences
The announcement of FC Girondins de Bordeaux of its financial difficulties following the departure from King Street, is an opportunity to recall the sporting consequences, and in particular a demotion, if a football club is the subject of a reorganization procedure or compulsory liquidation.
Can an international federation prohibit an athlete, without violating European law, from participating in a competition that it does not recognize?

According to the regulations then in force within the International Skating Union (ISU), skaters could not take part in international speed skating events (Olympic Games or world championships), "if they participate in international skating competitions ...

Lausanne Court of Arbitration for Sport (CAS) reduces Russia's suspension from 4 to 2 years
On December 17, 2020, the CAS declared the suspension of Russia from all international competitions (Olympic Games and world championships) for a period of two years (i.e. until December 16, 2022) due to the non-compliance of the Russian Anti-Doping Agency (RUSADA) with the World Anti-Doping Code
[Football - Press release] Amateur clubs react to the Order of the Council of State of June 11, 2020 which did not suspend the decision of the FFF Executive Committee of April 16, 2020
[Football - Press release] Amateur clubs react to the Ordinance of the Council of State of June 11, 2020 which did not suspend the decision of the Executive Committee of the French Football Federation (FFF) of April 16, 2020
The ECHR recalls the obligation of impartiality and independence of the Dispute Resolution Commissions of the Federations
By a judgment of January 28, 2020 the European Court of Human Rights (ECHR) considers that the arbitration commission of the Turkish Football Federation (TFF) lacked independence and impartiality, article 6§1 of the Convention for the Protection of Human Rights and Fundamental Freedoms
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)
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.