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World Sports Advocate

Volume: 12 Issue: 8
(August 2014)


News

Gambling operators who sponsor British sport will need a Gambling Commission licence, irrespective of whether they intend to target British consumers. This includes operators with a licence from the Commission’s ‘white list’ of approved licensing authorities who will need to apply for a ‘continuation licence’ by 16 September, as well as Asian betting partners licensed in Asia who do not intend to target British customers. Sporting organisations who allow unlicensed gambling operators to sponsor or advertise with them risk prosecution for “assisting unlicensed operators to provide gambling facilities illegally to those in Britain.” / read more

France’s Ligue de Football Professionnel (LFP) has sanctioned 87 players for breaching Article 124 of the General Regulations of the Fédération Française de Football (FFF) and Article 407 of the LFP’s Regulations, which prohibit footballers from betting on LFP competitions. “An October 2013 decree allowed the federal and professional league to ask ARJEL [gambling regulator] to investigate a list of names to check if they have gambled,” said Christophe Bertrand, an Avocat with Bertrand & Associé. “In January 2014, the LFP gave ARJEL a list of all their players, and ARJEL came back with 87 names. The LFP split the players into four groups, based on their type of gambling. Group one received a warning letter; group two received a reprimand had to give an explanation; and groups three and four were referred to the LFP disciplinary commission.” / read more

FIFA has clarified that the World Anti-Doping Agency’s (WADA) 2013 testing figures, released on 8 July, reflect the total number of tests carried out in football and do not reflect the number of tests carried out by FIFA. According to WADA’s figures, football carried out 28,002 tests, the highest number of tests by sport, in 2013. This resulted in adverse analytical findings (AAFs) of just 0.5%, or 140 AAFs. Of those, 667 were blood tests. / read more

The UK’s Conservative Party and Labour Party are both consulting on whether a ‘right to offer bets’ should be introduced, which would require gambling operators to obtain a licence from sport organisers to take bets on a sports event. Section 10 of the Governance of Sport Bill, introduced by Chairman of the British Olympic Association Lord Moynihan on 11 June, states: ‘It shall be an offence for a person or entity to provide a betting service on a sporting event unless they hold a valid sporting event betting licence.’ / read more


Features

The Belgian Court of Appeal has recently ruled that the regulations on remuneration following the unilateral termination of a player contract contained within the Act on Professional Athletes contravene the Belgian Constitution. Bob Laes, an Attorney with MODO Advocaten, explains how the ruling considered that although sport has specific rules, it still has to operate within the remit of national labour law. He also examines whether the ruling will create a new ‘Bosman’ ruling for football player contracts. / read more

The Council of Europe Convention on the Manipulation of Sports Competitions was adopted on 9 July and countries are set to begin signing up in September of this year. In this article, Lynn Aung, of Jeffrey Green Russell Ltd., examines some of the needed and welcome changes that the Convention mandates, but also points out concerns relating to the definition of ‘illegal sports betting’ given in the Convention, and the impact such a definition could have on regulated sports betting. / read more

In a 26 March decision, the Spanish Supreme Court declared that compensation payable under the Workers Statute Act for termination of employment contracts is also due when temporary professional athlete contracts are terminated, despite the ‘special legal nature’ of professional athlete employment contracts. Rubén Agote and Lara Vivas, of Cuatrecasas, Gonçalves Pereira, explain the impact that the ruling has on professional sport contracts, the reasons why the decision could be subject to challenge, the measures introduced in order to deter the use of temporary contracts and how use of indefinite contracts could undermine the relationship between an athlete and his employer. / read more

In a 26 March decision, the Spanish Supreme Court declared that compensation payable under the Workers Statute Act for termination of employment contracts is also due when temporary professional athlete contracts are terminated, despite the ‘special legal nature’ of professional athlete employment contracts. Rubén Agote and Lara Vivas, of Cuatrecasas, Gonçalves Pereira, explain the impact that the ruling has on professional sport contracts, the reasons why the decision could be subject to challenge, the measures introduced in order to deter the use of temporary contracts and how use of indefinite contracts could undermine the relationship between an athlete and his employer. / read more

In 2011, Turkey introduced a new sports law designed to combat racism, match-fixing and supporter violence through the introduction of an e-ticketing system and supporter database. Emin Ozkurt, Managing Partner with Ozkurt Law Offices, examines the implementation of the law and the issues it has faced. / read more

On 20 June, the Portuguese Competition Authority concluded that Sport TV had abused its dominant position through discriminatory pricing in its sale of sports pay-TV channels to other broadcasters. Matilde Costa Dias, a Legal Intern with CRA - Coelho Ribeiro & Associados, examines the legal basis for the ruling and whether it has been welcomed by Portuguese sport. / read more

The question as to whether a contracted football player has a right to continued employment has historically posed difficult questions for sports lawyers. Dr. Jan Kleiner, Attorney-at-Law with Bär & Karrer AG and Chairman of the Board of the ISDE Sports Law Alumni, examines recent jurisprudence in this area and assesses what guidance it can provide. / read more

On 18 June, the US Patent and Trademark Office (USPTO) cancelled the ‘Redskins’ trademark relating to the Washington Redskins National Football League (NFL) team. Paul J. Greene, Attorney and Founder of Global Sports Advocates LLC, examines the reasoning behind the decision and the implications that it could have for the Washington Redskins, given its determination to continue to use the ‘Redskins’ name, if appeals against the USPTO decision are rejected. / read more

On 5 February 2013, the Spanish Supreme Court issued a landmark decision declaring null and void a pre-contractual agreement conducted on a football player under the age of majority. Marco Vedovatti, a Lawyer with Cuatrecasas, Gonçalves Pereira, examines the ruling, how it complies with international law on the rights of the child and how it should be viewed under Swiss law and the jurisprudence of the Court of Arbitration for Sport. / 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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