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World Sports Advocate

Volume: 13 Issue: 1
(January 2015)


News

FIFA will require national associations to implement a ban on third party ownership (‘TPO’) of footballers from 1 May 2015, after its Executive Committee drew up new Regulations at its meeting on 18 and 19 December 2014. All details of any TPO contracts agreed prior to 1 May 2015 must be uploaded to FIFA’s Transfer Matching System (‘TMS’), and any TPO contracts signed between 1 January 2015 and 30 April 2015 must be for one year only. / read more

The German Olympic Committee (‘DOSB’) has asked the International Skating Union (‘ISU’) to consider a retrial of Claudia Pechstein, after a Munich court allowed the speed skater to proceed in a compensation claim against the ISU for a 2009 doping ban, despite her case being dismissed at the Court of Arbitration for Sport (‘CAS’). “We appeal to the ISU to consider a retrial”, said DOSB President Alfons Hörmann in a 29 January statement, after advice it sought from five medical experts ‘independently came to the conclusion that the medical evaluation, which was the basis of the judgment against…Pechstein, was wrong’. / read more

Manchester City and Paris Saint German (PSG) supporter groups have filed actions arguing that UEFA’s Financial Fair Play (‘FFP’) regulations are a restriction on competition in European courts. On 3 February, the Manchester City Football Supporters Club (‘MCSC’) filed a complaint with the Swiss competition commission (‘COMCO’), arguing that the requirement for clubs to ‘break even’ under FFP breaches Swiss competition law. The move followed an action filed by PSG supporters on 22 January in the Tribunal de Grande Instance de Paris against UEFA, the Fédération de Football Française (‘FFF’) and its Ligue de Football Professionnel (‘LFP’), which similarly argued that the ‘break even’ requirement breached EU law. / read more


Features

The recent conviction and sentencing of Premier Soccer League referee Clifford Malgas to an effective four years’ imprisonment for his part in attempting to fix a second-division play-off match supports the proposition that criminalising match-fixing can be effective in preserving the integrity of sports. Steve Cornelius, Professor of Law at the University of Pretoria, examines developments since the introduction of South Africa’s Prevention and Combating of Corrupt Activities Act in 2004, including prosecutions brought against a number of football officials. / read more

In a landmark ruling, an Italian criminal court has found that match-fixers are liable to ticket holders for a May 2011 fixed derby game between Bari and Lecce. Luca Ferrari, Stella Riberti and Edoardo Revello, of Withers LLP, examine the proceedings and explain that other sporting federations have taken note and are seeking similar rulings. They also examine the potential for others involved in sport - such as TV broadcasters and sponsors - to claim money from match-fixers. / read more

The introduction of ‘The Governance of Sport’ Bill into the House of Lords on 11 June was significant because it was drawn up by a former Chairman of the British Olympic Association, Lord Moynihan. Nigel Boardman and Christopher Baird, of Slaughter and May, examine the detail. / read more

FIFA has recently decided on two important changes to the international player transfer market. Its intermediary regulations have changed how the use of agents in player transfers is governed, and it has decided to ban third party ownership of the economic rights to players. Eduardo Carlezzo, Attorney and President of the South American Football Lawyers Association, examines whether these developments will achieve their stated aims, and the impact they will have on South American football. / read more

Sergey Yurlov, a Sports Law Researcher with Moscow State University, outlines the procedure for appealing selection decisions. / read more

FIFA’s decision to ban third party ownership (‘TPO’) of football players has polarised opinion. Those seeking to implement the ban argue that TPO takes money away from the clubs, allowing third party investors to take money out of the game by trading players. Those seeking its retention argue that it allows smaller clubs to retain and develop players and obtain a decent profit once they are old enough to be internationally traded. José Maria Montenegro, a Sports and Tax Lawyer with Morais Leitão, Galvão Teles, Soares da Silva & Associados and a Professor at the Polytechnic Institute of Porto, comments on why smaller clubs are increasingly seeing FIFA’s decision as an attempt to freeze them out of the game. / 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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