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World Sports Advocate

Volume: 5 Issue: 5
(May 2007)


News

Sheffield United will sue the Premier League if they are relegated as a result of West Ham being fined £5.5 million rather than having points deducted, after an Independent Commission found West Ham had breached FA Premier League rules B13 and U18 in bringing Carlos Tevez and Javier Mascherano to the club. / read more

UEFA has called for EU action to confirm the legal position of sport, claiming recent and upcoming court cases could have a damaging effect on sport across Europe. / read more

The Ligue Nationale de Rugby (LNR), which manages France's Top-14 rugby competition, will ratify a return to the Heineken Cup for its clubs, if England's Rugby Football Union (RFU) and Premier Rugby Limited (PRL) can negotiate the return of Guinness Premiership clubs by 18 May. / read more


Features

In January 2006, with a minimum of consultation and a maximum of publicity, The Football Association introduced new Agent Regulations. Whilst FIFA does permit domestic football authorities to introduce their own regulations, it would seem to be implied that not only should these be approved by FIFA but should also accord with basic FIFA regulations and, of course, not only the domestic law of the land into which they are introduced, but EU law as well. / read more

Recent incidents of football crowd disorder across Europe have higlighted that football violence amongst supporters is again becoming an issue. In the first of a two-part article, Mike Morgan and Luca Egitto (LLM) of Hammonds examine the steps being taken by European governments to try to control the problem. / read more

A decision by the International Olympic Committee (IOC) to not include women's ski-jumping in the 2010 Winter Olympic Games in Vancouver, has prompted a complaint alleging gender discrimination to the Canadian Human Rights Commission. Professor Richard H. McLaren and Erika Douglas explain the IOC's reasoning and assess if recourse to the Canadian Human Rights Commission could provide an effective remedy to the problem. / read more

In March 2007, the European Parliament approved the Ivo Belet Report on the Future of Professional Football in Europe1. The Report discusses how the European courts and regulators should treat the football sector, compared to other economic activities. Howard Cartlidge and April Evans of Olswang consider the key recommendations, the likely impact of Parliament's resolution approving the Report and how it fits with the EU's plans for a White Paper on sport. / read more

Paul Fletcher, of IPS Law, examines tournament organisers' duties to sponsors and broadcasters, should star players or teams withdraw from a tournament. / read more

Andy Webster used article 17 of FIFA's Regulations for the Status and Transfer of Players to move from Heart of Midlothian to Wigan Athletic in 2006. Article 17 states that a player may only move if he pays compensation to his former club, which in Webster's case, FIFA's Dispute Resolution Chamber judged to be £625,000 rather than the £5 million Hearts were reportedly demanding. Sohrab Daneshku, an Associate with Lewis Silkin LLP, examines article 17 and the implications that the Webster decision could have for football clubs. / read more

Writing in the March issue of World Sports Law Report, Marco Villiger, the legal advisor to FIFA, described the ruling handed down on 5 January, 2007 by the Swiss Federal Court in a case involving Spanish Football Club, Vallecano Rayo de Madrid, as being 'of enormous significance to FIFA and to all members of the football family.' I would entirely agree with him on this point. And he went on to state that: 'For sport to have a fair, balanced and fast-track internal system of dispute resolution, it is vital that FIFA not only provides a legal system to evaluate disputes (over claims), but also that it ensures or has the means of making sure that binding decisions are respected and implemented.' Again, I would not disagree with this contention, but would add that the integrity of sport actually depends upon this notion. / 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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