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World Sports Advocate

Volume: 8 Issue: 11
(November 2010)


News

UEFA has launched a tender to be considered as a 'specific organiser' of a sporting competition under Article L 331-5 of France's Code du Sport, which would allow it to sell the right to offer bets to French gambling operators licensed by Law no. 2010-476, passed on 12 May. / read more

Four golfers will continue to challenge the Asian Tour's ban on other tournaments as a restraint of trade, despite failing to obtain an injunction temporarily lifting a ban imposed on them after they competed in the OneAsia tournament and failed to pay a fine. Terry Pilkadaris, Guido van der Valk and Matthew Griffin had sought an injunction from the Singapore High Court lifting the ban until their case goes to full trial. / read more

The Union Internationale de Pentathlon Moderne (UIPM) will use laser shooting at the London 2012 Olympic Games despite opposition to the technology from some UIPM member federations. The UIPM failed to secure support from two-thirds of members as required by its rules for laser use to become compulsory at its 6 November Congress. / read more


Features

With no single party winning the election in May, the creation of a coalition government has meant we live in interesting policy times for sport. Priorities came early - the 2018 FIFA World Cup bid, a successful Olympics and a sporting legacy from the Games. / read more

FIFA has recently found six officials guilty of breaching its Code of Ethics by accepting bribes during the bidding process for the 2018 and 2022 FIFA World Cup, but found no evidence of collusion between bidding nations. David Winnie, a Solicitor with Thomas Cooper, analyses rules of conduct under FIFA's Code of Ethics, potential sanctions available to FIFA for breaches of the Code and investigates routes for possible legal action by those accused. / read more

The French social security administration has recently challenged image rights payments made to players, on the basis that they form part of the employment relationship between the player and his club and therefore should be taxable at full rate. Aurélien Hamelle, who recently acted as counsel for one of the defendants in a criminal investigation and trial into payments made to Paris Saint-Germain players, explains the background to why the French Government suspects football of hiding salary payments to players as image rights payments. / read more

The Spanish Constitution offers protection against use of one's image which may be considered damaging to one's honour. The Spanish Supreme Court recently confirmed that a Nike TV advertisement featuring Ronaldo dribbling easily past seven players did not constitute an illegitimate interference with the image rights of the seven players, as it didn't damage their honour. Ricardo Gentzsch of Schiller Abogados explains the court's reasoning and the protection afforded to image rights by the Spanish Constitution. / read more

The Government's recent Comprehensive Spending Review will result in significant reductions in the funding of Community Sport. In addition, individuals at all income levels will see a reduction in their disposable income. The Government is encouraging sport to bridge its funding gap by seeking patronage, something which the Arts have excelled at over the years. Richard Baldwin, Chair of the Community Amateur Sports Club Development Forum, explains how tax relief is available to patrons who donate to sport, and also to sport which accepts donations. / read more

Golf's Asian Tour has become the latest governing body to ban its players from taking part in other tournaments - in its case, the OneAsia Tour. Alan Chalmers, Nick Fitzpatrick and Ella Russell of DLA Piper examine the history of sports cases involving restraint of trade, explaining when the courts are likely to find such a restraint justified. / 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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