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For EU #Sportslaw geeks, here is my short thread on the Opinion of AG @maciejszpunar and why its most important bit is not in the press release.
#EULaw #UEFA #HomegrownRule #Article165 #FreeMovement #Superleague
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#EULaw #UEFA #HomegrownRule #Article165 #FreeMovement #Superleague
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First an element of context, AG Szpunar is not any AG at the Court, but the 'First Advocate General'. His Opinion comes after the much noted and commented Opinion of AG Rantos in the #Superleague case.
The (most) interesting bit of his Opinion in my view relates to the interpretation of Article 165 TFEU and its relationship to the European Sports Model. (See paras 48-55).
My thread on the interim decision of the Swiss Federal Tribunal in the @caster800m case.
Full decision in French at bger.ch/ext/eurospider…
It highlights key features of the #LexSportiva & the ‘complicity’ of Swiss law in sheltering it from review.
#Sportslaw #CAS
Full decision in French at bger.ch/ext/eurospider…
It highlights key features of the #LexSportiva & the ‘complicity’ of Swiss law in sheltering it from review.
#Sportslaw #CAS
1. The #SFT reminds us that its control of #CAS awards is narrow. Hence, it orders interim measures only if it is ‘very likely’ that an appellant will prevail.
This is because Swiss law is traditionally favourable to international arbitration.
#Sportslaw #Arbitration #Semenya
This is because Swiss law is traditionally favourable to international arbitration.
#Sportslaw #Arbitration #Semenya
2. This is extremely problematic because #CAS arbitration unlike international arbitration is in general not based in consent (see ECtHR in #Pechstein) and should not enjoy the same quasi-immunity from state control.
#Sportslaw #Arbitration #Semenya
#Sportslaw #Arbitration #Semenya
