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World Sports Advocate

Volume: 12 Issue: 12
(December 2014)


News

The Swiss Federal Council passed a new law on 13 December that will require banks to closely monitor the accounts of the heads of international sporting federations for any suspicious activity. ‘Banks will also have to closely monitor the accounts of members of the Federal Parliament, the Federal Council and international sporting federation officials’, reads a statement. / read more

Ary Graça, President of the Fédération Internationale de Volleyball (FIVB), has denied allegations that he was involved with a R$30 million corruption scandal involving the fabrication of contracts whilst President of the Confederação Brasileira de Voleibol (CBV). An audit of the CBV accounts carried out by the Controladoria-Geral da União (CGU), a Brazilian government organisation dedicated to uncovering fraud, identified 13 contracts agreed by the CBV between 2010 and 2013 as ‘irregular,’ resulting in R$30 million (€8.75 million) being paid to people with ‘family ties’ to ‘leaders and former leaders’ of the CBV. / read more

Michael Garcia resigned as Chairman of the Investigatory Chamber (IC) of the FIFA Ethics Committee on 17 December, citing a “lack of leadership” on ethics issues. Garcia quit the day after FIFA dismissed his Appeal against alleged failings by Hans-Joachim Eckert, Chairman of the Adjudicatory Chamber (AC) of the FIFA Ethics Committee, to fully consider issues outlined in a report Garcia prepared for FIFA into the bidding process for the 2018 and 2022 World Cups. / read more


Features

After a dramatic twist at the end of the Italian season in May 2014, Parma saw its hopes of European qualification dashed by the Italian FA, which refused to grant it a UEFA Club Licence. Luca Smacchia, a Trainee with Studio Legale Grassani-Urbinati e Associati, explains why the FIGC had no choice in its decision, as its regulations do not provide for CAS jurisdiction over UEFA licensing matters. He contrasts Parma's case with other UEFA club licensing situations where CAS has been able to take jurisdiction. / read more

Germany is the latest country in Europe set to introduce specific anti-doping legislation. The German government has presented an anti-doping Bill which makes doping in sport a criminal offence, seeking the ‘criminalisation of self-doping of athletes.’ Martin Stopper and Simon Karlin from Lentze Stopper Rechtsanwälte, explain the measures provided in detail and examine potential legal issues, as well as the potential impact on German sports law - in particular the relation of arbitrational sports jurisdiction and State jurisdiction. / read more

Last month, Virgin Media complained to Ofcom that the FA Premier League practice of restricting the number of games available for live broadcast is a restriction of competition under EU law. Stephen Hornsby, a Partner with Goodman Derrick, explains the terms of the complaint and the history of previous complaints made along the same lines, as well as the potential road forward. He examines whether the argument that restricting the broadcast of games to protect live audiences stands scrutiny, and asks whether fans who were content with the restrictions on live games would really have preferred not to have to buy more subscriptions instead - something that the regulators are still insisting on. / read more

At the end of September, Ecuador’s labour authority fined most of its first division football clubs for failure to comply with labour laws. FIFA also has concerns about the way in which football is being managed in the Latin American country. Álvaro Sevilla, who heads the Sports Rights & Entertainment Unit at Tobar & Bustamante, explains. / read more

Since the publication of Hans-Joachim Eckert's summary of the findings of Michael Garcia's report into corruption allegations in connection to the 2018 and 2022 FIFA World Cup bidding process, there have been suggestions that FIFA has not done enough to tackle the issue. FIFA has argued that its Code of Ethics, which insists on the confidentiality of investigations, prevents it from publishing the full report; and that full publication would violate Swiss State law. It has, however, recommended criminal investigations into some individuals named in the report, but the details of such investigations are likely to remain confidential unless criminal charges are proven. Raphael Steele, a Trainee Solicitor with Ronald Fletcher Baker LLP, examines whether FIFA's defences hold true and how its conduct could affect Switzerland's incorporation of organisations such as FIFA into a new private bribery offence, which the Swiss parliament was voting on at time of press. / read more

For an athlete, a dispute involving a sporting competition is often the most important case they will be involved in. However, sporting bodies often only allow a limited window in which to appeal the ‘final result’ of a sporting event. Sergey Yurlov, a Sports Law Researcher with Moscow State University, examines cases in this area. / 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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