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World Sports Advocate

Volume: 12 Issue: 10
(October 2014)


News

The Danish government is to amend its criminal code to ensure that all forms of match-fixing become a criminal offence, as part of a series of measures introduced to combat match-fixing. "Our working group found that most forms of match-fixing are covered by the existing criminal code," said Bente Skovgaard Kristensen, Head of the Danish Culture Ministry. "However, a loophole exists whereby bribery takes place, but not for financial gain. The criminal code deals with fraud for financial benefit, but not bribery using other means. That is why we are putting this forward.” / read more

An Agreement for Cooperation between the European Commission and UEFA does not prevent challenges to UEFA’s Financial Fair Play Regulations (FFPR) as an infringement of EU law. “The Agreement shows that the Commission agrees with the principle of Financial Fair Play, but that it is not taking a pre-emptive view,” said John Mehrzad, a Barrister with Littleton Chambers. / read more

The French Senate passed a Bill on 14 October that will enshrine the principles of the World Anti-Doping Code into domestic law. This will allow the government to implement the 2015 Code – which comes into force on 1 January 2015 – into its specific sporting legislation, which includes the Code du Sport. / read more


Features

In a 2013 ruling1, a Court of Arbitration for Sport (CAS) panel found that the loan of a player does not break the ‘chain of entitlement’ to training compensation, in situations where a player is loaned to another club during the training period. Leander Monbaliu, Attorney and Legal Counsel with the Belgian Pro League, examines CAS jurisprudence on this, including the exhaustive analysis provided by the CAS in the Dundee United case. / read more

In Germany, as in many other jurisdictions, footballers have argued that by dropping them from the first team, clubs have infringed their right to employment. Thomas E. Herrich, Dr. Johan-Michel Menke and Thomas Schulz examine whether a 'relocation clause' included in a player's contract withstands legal scrutiny, and whether the establishment of a 'practice group 2' of similarly skilled players fulfils a player's right to meaningful employment. / read more

On 8 August, California Federal District Court Judge Claudia Wilken ruled that the policies of the National Collegiate Athletic Association (NCAA) preventing athletes from licensing their images constitute an unreasonable restraint of trade. David O. Klein, Managing Partner at Klein Moynihan Turco, explains the case and the impact it could have on the NCAA's commercial revenues and fantasy sports leagues. He also analyses why the decision may encourage the NCAA to recoup licensing fees directly from fantasy sports leagues and/or other commercial ventures. / read more

The English Football Association has recently proposed placing limits on the number of non-EU footballers entering professional football, which it hopes will allow English players to develop. David Winnie, a Solicitor with Ronald Fletcher Baker LLP, examines the proposals, the reasons behind them, their impact and whether such restrictions can be justified under applicable law. He also explains the current requirements under the UK's points-based immigration system and how it is utilised by sport, the current FA Appeals Panel process for players that fail to meet the requirements and how that process is currently being abused. / read more

Eyebrows were raised when it emerged that Major League Soccer club New York City would be loaning Frank Lampard to Manchester City, as the two clubs share a common owner. William Deller, an Associate with Bird & Bird, examines how the ‘fair value’ of such deals between clubs that share a common owner are assessed under UEFA’s Financial Fair Play Regulations. / 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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