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World Sports Advocate

Volume: 11 Issue: 7
(July 2013)


A legal opinion from a former President of the European Court of Human Rights (ECHR) has backed the 2015 World Anti-Doping Code’s life bans for those trafficking prohibited substances and for third doping offences. However, it rejected plans to extend athlete ineligibility until all Court of Arbitration for Sport (CAS) costs are paid. / read more

The FA Premier League has become the first sporting body to use Section 97 of the Copyright, Designs and Patents Act 1988 (CDPA) to ask UK internet service providers (ISPs) to block access to an internet site streaming live sports coverage. The FAPL wrote to major ISPs in June to inform them that it is seeking a court order requiring them to block access to, which regularly illegally streams BSkyB’s coverage of Premier League games, as well as other broadcasters’ coverage of sport. The site generates advertising revenue due to large numbers of visitors. / read more

A Spanish prosecutor for the northeastern region of Catalonia, Raquel Amado, has filed a complaint alleging that FC Barcelona striker Lionel (Leo) Messi owes €4.5 million in back taxes for 2007-2009. The case has been accepted for trial by a court in the Barcelona district of Gava, and will be heard before judge Anju Deb Rani on 17 September. / read more


On 6 May, Belgian Player Agent Daniel Striani lodged a complaint alleging that UEFA’s Financial Fair Play regulations infringe EU law. Alexandre Miguel Mestre, Of Counsel at AAMM, Abecasis, Azoia, Moura Marques & Associados and former Portuguese Secretary of State for Sport and Youth, examines whether this is the case. / read more

Italian football’s Serie B will introduce a salary cap on player wages during the 2013/14 season that will limit the share of Serie A’s TV money contribution, if exceeded. Luca Ferrari, a Partner at CBA Studio Legale e Tributario and Legal Advisor to Serie B, explains how the cap operates and the logic behind it. / read more

The recent Commercial Court decision in England and Wales Cricket Board v Kaneria provides important judicial clarity on what makes any given sports disciplinary procedure ‘arbitral’. Chris Walsh, Partner and Head of Dispute Resolution at Onside Law and who acted for the ECB on the case, explains why the decision is a significant one for all those who advise on sports regulatory matters. / read more

As the rise of the internet has facilitated online re-sale of sporting tickets, the use of non-transferability clauses on tickets has become common. Adam Berry, an Associate with Eversheds, explains how the Unfair Terms in Consumer Contracts Regulations may restrict use of such clauses and how the industry’s ‘model terms’ for the resale of tickets are ineffective in practice. He examines the viability of a number of alternatives. / read more

A case involving boxer Dillian Whyte highlighted the difficulties around interpretation of Article 10.4 of the World Anti-Doping Code, which requires the athlete to prove that the substance was not intended to enhance sporting performance in order to receive a reduced sanction. Bradley Wynn, of Mishcon de Reya’s Sports Group, explains how Court of Arbitration for Sport interpretation of Article 10.4 has led to a confusing situation for anti-doping bodies involved in determining doping cases. / 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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