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World Sports Advocate

Volume: 14 Issue: 8
(August 2016)


News

The Court of Arbitration for Sport (‘CAS’) ruled on 15 August 2016 that Russian long jumper Darya Klishina was allowed to compete in the Rio 2016 Olympic Games, following the IAAF’s move to revoke its previous decision declaring Klishina exceptionally eligible to participate in international competitions of 12 August 2016. Citing IAAF Competition Rules, the CAS concluded that Klishina had complied with the relevant criteria because her permanent residence was outside Russia, despite the information provided in the McLaren Report. / read more

The United States Olympic Committee (‘USOC’) sent letters to sponsors of individual athletes who were not official partners of the 2016 Rio Olympic Games and the USOC but who were using USOC trademarked hashtags on social media, warning them that such use is prohibited. According to the letter, obtained by ESPN in July 2016, the restriction included trademarked hashtags #Rio2016 and #TeamUSA. / read more

Ofcom, the UK’s communications regulator, announced on 8 August 2016 that it has closed the investigation into how the Premier League (‘PL’) sells live UK audio-visual media rights for PL football matches, having taken into account the PL’s decision to increase the number of matches available for live broadcast in the UK, consumer views, and the work required to conclude the investigation. / read more

A series of reforms have been proposed by 17 leaders of National Anti-Doping Organisations (‘NADOs’) in a bid to restore confidence in the anti-doping system, following a two-day summit in Copenhagen on 30 August 2016. Amongst the proposed reforms was the possible involvement of sports leaders in critical anti-doping decisions and reforms to protect those that provide anti-doping organisations with intelligence. / read more

The European Professional Football Leagues (‘EPFL’) stated in a media release on 8 September 2016 that the process by which the Union of European Football (‘UEFA’) has formulated reforms to UEFA club competitions was ‘unacceptable for an organisation that claims to be the governing body of football in Europe.’ UEFA announced on 26 August 2016 a new procedure for entries to the UEFA Champions League and the UEFA Europa League, which would involve Bundesliga, La Liga, the Premier League and Serie A receiving four guaranteed Champions League group stage places for the 2018/19 season, in addition to increased financial distribution to clubs for both leagues.  / read more


Features

Following the publication of the McLaren Report on 18 July 2016, which found evidence of widespread state-sponsored doping throughout Russian sport, the 2016 Rio Olympic Games has been somewhat overshadowed by the controversial aftermath to the findings. Dr Stephen Moston and Terry Engelberg of James Cook University, discuss the findings of the McLaren Report, the ensuing controversy regarding Russia’s participation at Rio 2016 and what this all means for the ongoing global fight against doping in sport. / read more

It is well known that coordination between rescission clauses/buy-out clauses and the solidarity mechanism is far from a peaceful issue in the world of football. This is confirmed by precedents, such as CAS award 2011/A/2356 SS Lazio SpA v. CA Vélez Sarsfield (player Mauro Zárate), which mainly focussed on the scope of the term ‘transfer’ for the purposes of the solidarity contribution provisions. Recently a new pronouncement on this matter has been issued by the Court of Arbitration for Sport (‘CAS’) in a conflict between AS Monaco and Sevilla FC following the move of player Geoffrey Kondogbia (CAS 2015/A/4188). Jordi López Batet, Partner at Pintó Ruiz & Del Valle, provides detailed commentary on the reasoning followed in the case. / read more

Non-gambling related match fixing - often known as ‘tanking’ - is probably as old as the hills. The recent 2016 European Football Championships brought together 24 national teams in six groups, and there was a last-16 round for the first time. A group system works in favour of non-gambling related match fixing. Teams can manipulate matches - either by deliberately losing or playing for a particular result - to make sure they come up against or avoid a particular opponent in the next round. The draw between France and Switzerland at the European Championships was ‘suspect.’ Michiel van Dijk, Partner at CMS, sheds light on the legal remedies available, and how different sports deal with this problem. / read more

The Labour Court of the Federal Land of Rhineland-Palatinate’s ruling in the dispute between Heinz Müller and 1. FSV Mainz 05 impacts the entire European football community. Jürgen Paepke, General Counsel at DFL Deutsche Fußball Liga GmbH and Dr Johan-Michel Menke, Partner at Heuking Kühn Lüer Wojtek, who represented 1. FSV Mainz 05 in the lawsuit, examine this landmark case. / read more

The recent violence between Russian and British supporters at Euro 2016 has demonstrated the seriousness of hooliganism in football. One of the worst events in the recent past involved a march by ‘fans’ on Easter Monday 2014 to the Swiss Cup Final in the Stade de Suisse in Berne, in which cars and buildings were vandalised. Five police officers were injured, material damage amounted to around CHF 40,000 and 45 people were arrested. In light of such events, the question arises as to whether the current legislative landscape is robust enough and whether enough is being done by the authorities, the clubs and the football governing bodies to combat ‘fan’ violence. In this article, Dr András Gurovits, Partner at Niederer Kraft & Frey, outlines the limits that clubs face in their efforts to combat hooliganism in the Swiss context, the relevant Swiss legal framework and the efficiency of the applicable rules. / 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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