Blog tagged as Case law

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.

The CJEU challenges the FIFA transfer system in the Diarra case. The judgment of 4 October 2024 finds that certain rules are contrary to the free movement of workers and competition in Europe. This decision will necessarily lead to an evolution of European professional football.

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 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 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.

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)

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.

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 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 "

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?

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)?

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

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.

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 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

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

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

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.