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World Sports Advocate

Volume: 6 Issue: 11
(November 2008)


EU Sports Ministers will debate the possibility of creating an 'exception' from EU law for sport that would allow the introduction of rules contrary to European law - such as a ban on the transfer of under-18 players - at the EU Sports Forum, which takes place 26-27 November in Biarritz. / read more

The National Football League Players Association (NFLPA) will appeal a 10 November verdict, ordering it to pay $28.1 million to retired NFL players, if a district court judge does not grant a motion filed by the NFLPA to set aside the verdict later this month. / read more

The Information Commissioner's Office (ICO) said it is in the process of putting together a team that will offer support and advice on data protection and privacy issues concerning the London 2012 Olympic Games. / read more


British Formula One racing driver, Lewis Hamilton who drives for McLaren - received a 25-second time penalty for cutting a chicane during this year's Spa Grand Prix in Belgium. Hamilton, who was winning - and would have won - was therefore demoted to third place, and Felipe Massa - who drives for Ferrari - won the event. As a result, Hamilton lost four points and led Massa by only one point, with four races remaining in the 2008 Formula One season. Hamilton appealed against this penalty to the Court of Appeal of the Federation Internationale de l'Automobile (FIA) - the sport's governing body, based in Paris. His appeal was dismissed. In fact, the five judges of the FIA Appeal Court held that the appeal was inadmissible, pursuant to Article 152 of the International Sporting Code, which provides that drivethrough penalties are 'not susceptible to appeal'. / read more

European sports ministers, the European Commission, FIFA and UEFA are currently debating how to protect football's competitive balance by introducing rules that prevent the richest European clubs from signing the best players at a young age, whilst only paying small amounts of compensation to the club that developed the player. Anna-Marie Blakeley, an Associate with Bird & Bird, examines current regulations on the cross-border transfer of minors and current moves to protect the clubs and countries that train and develop promising young players. / read more

It can be argued that the regulation of sport is a unique legal discipline, because it involves a wide range of different fields of legal practice, as well as its own unique sets of rules and regulations. Ian Blackshaw, International Sports Lawyer and an arbitrator for the Court of Arbitration for Sport (CAS), examines a number of viewpoints on whether 'sports law' exists, arguing that the work of the CAS is developing a body of sports law that could be considered - in the future - as a 'Lex Sportiva'. / read more

Three UK newspapers agreed to settle out of court with football player Marco Materazzi, who had launched libel actions over claims that he had made racist remarks to Zinedine Zidane, who was sent off from the 2006 World Cup final for headbutting Materazzi. Stephen Heffer and Alexander Cochrane, of Collyer Bristow LLP, examine Materazzi's claim and the resulting settlements, the latest of which was agreed just before the case was due to be heard in the High Court. / read more

The German football league association recently decided to retain a rule requiring a majority of 50% plus one share of a football club's voting rights to be retained by that club's membership association. Jan Kupfer and Dr. André Soldner, of Ashurst LLP, examine the arguments in favour of retaining the rule as well as criticism from some clubs that it represents an illegal restriction under EU law on a club's ability to raise capital. / read more

Recent amendments to the South African Sport and Recreation Act allow the Minister for Sport to determine policies for high performance sport and to become involved in appointing South African sport federations. Johan van Gaalen, a Senior Partner at Van Gaalen Attorneys and a Lecturer on sports law at the University of Johannesburg, examines the history of government involvement in sport - both amateur and professional - and the implications that the Act could have for South African 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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