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World Sports Advocate

Volume: 12 Issue: 5
(May 2014)


News

UEFA’s Club Financial Control Body (CFCB) Investigatory Chamber agreed individual settlement agreements with the nine clubs it was investigating for breaches of its Financial Fair Play Regulations (FFPR) on 16 May. Article 14(1)(b) and 15 of UEFA’s Procedural Rules governing the CFCB allows UEFA to conduct settlement agreements with defendant clubs. / read more

The need to protect sports betting from fraud could justify the establishment of a central fund contributed to by sports betting operators, found two reports released this month. ‘In order to finance the security of sports entities, a betting tax would constitute a complementary tool for public authorities,’ read the Executive Summary of the 700-page Sarbonne-ICSS Integrity Report, released on 15 May in Paris. ‘The discriminatory nature of such a tax should be possible, in particular to encourage the betting forms that are least exposed to fraud…’ / read more

FIFA has published details of its Regulations on Working with Intermediaries, which are set to come into force on 1 April 2015, if approved at its 11 June Congress in Sao Paulo. The Regulations require FIFA member associations, such as England’s Football Association (FA), to implement a registration system to record every intermediary used in any player contract. / read more

The European Commission has decided against examining Belgian player agent Daniel Striani’s complaint that UEFA’s Financial Fair Play (FFP) regulations breach EU rules on competition, reasoning that a Brussels court can adequately handle the complaint. The Brussels court is set to hear the case on 26 and 27 February 2015, and a ruling is expected in Spring 2015. / read more

The Tribunal de Grande Instance de Paris (TGI) has banned ticket reseller, Viagogo, from selling any football tickets to French national team and French Cup games, under penalty of €15,000 per offence. The TGI also ordered Viagogo to pay €50,000 costs and to withdraw from sale any French national team tickets for its football games against Norway on 27 May; against Paraguay on 1 June and against Jamaica on 8 June. / read more

The Football League has confirmed that it will be investigating Bristol Rovers’ claims that Wycombe Wanderers breached both Football League and Football Association rules on third party ownership. ‘The League will review evidence provided to it by the Football Association in the context of our Regulations at the earliest opportunity,’ read a 28 May letter from the Football League to Bristol Rovers’ representatives, Mel Stein of Clintons and Nick De Marco of Blackstone Chambers. / read more


Features

Sweden’s Gaming Board has issued the Stockholm Marathon with an injunction combined with a SEK2 million (€220,000) fine if it goes through with its planned sponsorship deal with Unibet when the Marathon takes place on 31 May. The Gaming Board claims that Stockholm Marathon is in breach of Sweden’s rules preventing the promotion of foreign lotteries. The Stockholm Marathon argues that the issue of such an injunction is in breach of Sweden’s fundamental laws. Louise Hjelm and Shaniaz Hama Ali, of Setterwalls, examine whether such an injunction can be issued in light of applicable EU laws. / read more

Vidushpat Singhania is a sports lawyer who was on the committee involved in drafting India’s Prevention of Sporting Fraud Bill last year. In this article, he outlines the Bill and the new criminal offences that it would create, as well as detailing the process to determine which offences should fall within the scope of the Bill. Singhania was also involved in drafting India’s National Sports Development Bill and acted as secretary to the Indian Premier League’s Probe Committee into alleged spot-fixing and betting in Indian cricket. / read more

A proposal to extend a tax requiring French sports organisers to pay 5% of broadcast sales to broadcasters screening part of an event staged in France was recently overturned as unconstitutional. Christophe Bertrand and Thierry Bardaud, of Bertrand & Associé sports lawyers, explain the history behind the tax. They also explain how the proposal to tax foreign sports organisations hosting an event partly in France is likely to return as part of France’s plans to reform its sports law. / read more

In March last year, Italy’s Serie B introduced a salary cap, which was strengthened in May by linking it directly to club expenditure. Luca Smacchia, a Trainee Lawyer with Studio Legale Grassani-Urbinati e Associati, provides a brief overview of the regulations, assesses whether they have helped to improve the financial stability of the clubs and the league, and also examines whether they comply with Italian and EU competition law. / read more

Spain’s High Court, the Audiencia Nacional, has ruled that public broadcaster RTVE did not contravene Spanish public broadcasting regulations by bidding for - and winning - the Tuesday TV rights to UEFA’s Champions League football. Rubén Agote and Albert Raventós, of Cuatrecasas, Golçalves Pereira, explain the reasoning behind the ruling. / read more

As advances in training techniques, nutrition and technology narrow the gaps between elite athlete performance, selection challenges are becoming increasingly common when athletes feel they have been unfairly overlooked, as the Aaron Cook case illustrated. John Mehrzad, a former international rower and Barrister at Littleton Chambers, explains the procedure for selection challenges, who bears the costs and examines the case law in this area. / read more

Sports governing bodies often face complaints from athletes when they feel that they are not being offered a level-playing field, as compared to athletes from other jurisdictions. Sergey Yurlov, a Student at Moscow State University, examines differences in how sports disputes in swimming are resolved in Russia, Greece and the USA, highlighting that the dispute resolution system in certain countries is lacking, as compared to others. / 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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