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World Sports Advocate

Volume: 5 Issue: 10
(October 2007)


News

The text of the EU Reform Treaty will not be changed to accommodate a 'new text' drafted by sporting federations, led by the International Olympic Committee (IOC), confirmed a spokesperson for the 'Informal Summit/Session of the Intergovernmental Conference' in Lisbon (the Lisbon Summit). / read more

Former US Olympic champion, Marion Jones, has forfeited her Olympic medals and faces a prison sentence after admitting to taking performance-enhancing drugs and making false statements in a government investigation into doping. / read more

Heineken, a Rugby World Cup 2007 official sponsor, said it would appeal against a 2 October ruling from the Tribunal de Grande Instance (TGI) de Paris, that four of its visual campaigns in connection with the tournament are not compliant with the Loi Évin, a 1991 law which restricts the advertisement of alcohol and tobacco products. / read more


Features

The recent ECJ case1 related to Italy's pre-2002 regime, which has since been tweaked, but nevertheless it illustrates the EU Commission's resolve to open up the EU sports betting market. The Commission's argument against the Italian measures relied on the principle of the freedom of establishment (article 43 EC Treaty), which can only be derogated from on grounds of public policy, security or health (article 45). Freedom of establishment carries with it an obligation of transparency, and the decision by the Italian authorities to renew the State-granted concessions without any public tendering process fell foul of this obligation. The Italian government's defence centred around the notions that in this specific industry sector it had to protect consumers, ensure that fraud was not possible and generally curb disturbances to the public order. However, the Italians provided little evidence to back up their assertions. / read more

Canada introduced the Olympic and Paralympic Marks Act in March and since then, there has been a backlash against powers relating to Schedule 2 Marks protected by the Act, which include phrases such as 'Canada 2010' and 'gold medal'. Professor Richard H. McLaren and Alana Shepherd, of the Faculty of Law at the University of Western Ontario, examine the protections identified by the Act and whether they overreach in protecting the Vancouver 2010 Olympic Games from ambush marketing. / read more

In June 2006, the Fédération Equestre Internationale introduced the Equine Anti-Doping and Medication Control Regulations, in order to prohibit the doping of horses taking part in equestrian events. Jacqueline Brown, a partner with Clintons specialising in litigation and dispute resolution in sport and music, examines the history of equestrian doping, the application of the regulations and the effectiveness of their sanctions. / read more

Ahead of its co-hosting of the European football championships with Austria in 2008, Switzerland has enacted a federal law designed to protect the tournament from the dangers of hooliganism. Dr. Stephan Netzle, a partner with Wenger Plattner Zurich and a member of the Court of Arbitration for Sport, examines the new law's intentions and concerns raised by the Federal Data Protection and Information Commissioner (FDPIC). / read more

Under the Charities Act 2006, the advancement of sport promoting health through mental or physical exertion will be a charitable purpose. To achieve charitable status, sport will no longer be required to increase community participation through the provision of facilities. Richard Baldwin, an independent tax consultant and chair of the Community Amateur Sports Club Development Forum, examines the Charity Commission's 'public benefit' test, arguing that voluntary sporting organisations should consider a review to assess if they are eligible for charitable status. / read more

The conclusions from the recently published 'EU White Paper on Sport', which says that sport should not be exempt from EU competition law provisions, serves to highlight the difficulties in regulating the area. In this article, Ian Blackshaw, an international sports lawyer, examines some of the Paper's findings and argues that the introduction of a 'sport article' in the EU Reform Treaty is to be welcomed for regulatory purposes. / 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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