So much twitter ink has already been spilled on #SuperLeague but let me add my bit.
We are now entering a « drôle de guerre » phase, with both sides digging their trenches and waiting for the actual legal attack.
Meanwhile, here are some of the questions I wonder about [Thread]
1. Has the football pyramid (FIFA, UEFA & co) the power to stop this? If football is only about money for players and clubs of the #Superleague, probably not. If it’s also about people, history, culture, maybe.
2. Will EU law allow the football pyramid to deploy its power? I think it will, this is NOT an ISU situation. The UEFA calendar is at play, solidarity is at play. Players/clubs do not risk their economic livelihood over bans from national leagues/national teams. Big ≠!
3. Could the market stop it? Can fans/consumers turn their back on a #SuperLeague? In other words, do supporters care only about their team and big games with the big guys, or also about the socio-cultural context and the thrill/risk of an upset? I have no answer, just questions.
4. Will politics show its teeth and confer a real state-sanctioned monopoly to the football pyramid? A monopoly which would need to be conditional on a number of strict governance criteria. Eventually recognizing that FIFA/UEFA are delivering a transnational public service.
5. Exciting times, with real opportunities for transformative change in the way we regulate football, and not only in the direction of hyper commercialization. Ironically, the G12 could be triggering a backlash, leading to greater state interventionism in football.
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1. This is the beginning of a (potentially decade long) judicial journey, not the end. Yet, the #CAS will decide (this summer?) the fate of #ManCity in the short term (e.g. for the 2020/2021 season).
2. The #CAS is unlikely to find that #FFP is contrary to EU law after its #Galatasaray decision, but it could find that the sanction is disproportionate/unfair if #ManCity’s lawyers manage to show that #PSG was in a similar situation and got away with it.
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.
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.
1. In short, what is interesting in the award is actually also what the #CAS forgot to mentioned in its press release, the core of #IAAF’s winning case turns on the concepts of ‘biological males’ & ‘sports sex’.
2. But let me start by regretting that the #CAS hearing was not public because @caster800m’s testimony (see paras 73-87) recalling what she went through since 2009 would have deserved a global audience.