I’ve read the #Diarra ruling for you!

It is a devastating blow to the #TransferSystem as we know it, and will trigger a profound reform.

Here is why 👇👇👇

#Sportslaw #EULaw #FIFA #FootballLaw #CJEU 1. First, the RSTP restricts free movement as it imposes “considerable legal risks, unforeseeable & potentially very high financial risks as well as major sporting risks on those players & clubs wishing to employ them which [...] impede international transfers of those players”

Will #Diarra be the (long-awaited) new #Bosman?

We are only 5 days away from a #CJEU decision, which will be over-scrutinized/dramatized.

Below a few points triggered by @PhilippeAuclair's article.

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#Sportslaw #EULaw #FIFALaw #RSTP

https://twitter.com/guardian_sport/status/1840286527349502041

This case is certainly less sexy than #SuperLeague, but there is little doubt in my mind (since a while) that it can have a much deeper & immediate impact on the whole ecosystem of football.



#FIFALaw #RSTP #EULaw #Diarra

https://x.com/Ant1Duval/status/1572946384923525121

I had a glance at the full text of the Opinion of AG Szpunar in the #Diarra case and it's (much) more interesting than the press release.

If endorsed by the #CJEU, it will profoundly reshape the operation of the #FIFA #RSTP.

Here is why 👇👇👇

#Sportslaw

https://twitter.com/Ant1Duval/status/1785231718447788456

1. Szpunar considers that Article 17 RSTP constitutes a restriction by object because:
- "the consequences of a player terminating a contract without just cause are so draconian" => they "send a chill down each player’s spine"
=> "competition is [...] designed to come to a halt"

Now let's turn to #SuperLeague.

For now, the ruling is mostly interpreted as a massive win for the #ESL, but it is less dramatic for #UEFA/#FIFA than it might appear at first sight.

Here is why 👇👇👇

#Sportslaw #EULaw #Antitrust First, the starter, the much vaunted constitutional effect of Article 165 TFEU has been clearly debunked by the CJEU (§§ 100-106). The article is NOT applicable horizontally to other provisions of #EULaw (§100) & does not exempt sports from the application of EU law (§101).

Here is the first thread on the #ISU decision.

This case is very personal to me as it started in our (with @BenVanRompuy) shared office @TMCAsser in 2014, and I must (modestly) say our complaint held up well!

A long #Sportslaw/#EULaw Thread👇👇👇

Long live #ChancetoCompete! In general, the decision of the #CJEU confirms the ruling of the General Court endorsing the EC decision and invalidates it only on the point on which #ISU had prevailed in first instance (the CAS arbitration clause).

Here comes the #Semenya thread!

I focus on the impact of the decision beyond the individual fate of Caster Semenya, and assume that the decision is final (while it might be challenged before the Grand Chamber of the ECtHR).

I promise, it’s not as long as the judgment.

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https://twitter.com/ant1duval/status/1678676569080864769

1. Is the ECtHR competent to decide a case involving a South-African national (#Semenya) challenging the regulations of a private entity based in Monaco (@WorldAthletics) before an international arbitral tribunal (#CAS) ? Or is the link to Switzerland too tenuous? (Paras 103-112)

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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https://twitter.com/EUCourtPress/status/1633759259312771072

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.

I have a new article out identifying the double (private-public) movement underlying #HRDD and charting some of #Ruggie's ideas and commitments which paved the way for it.

The first 50 copies are freely available at tandfonline.com/doi/epdf/10.10…

#BizHumanRights #UNGPs #DueDiligence @NadiaBernaz @TaraVanHo @KlaasEller @mouetteobscure @A__Beckers @ioanniskamp @ProfSuryaDeva @VirginieRouas @clairerabright @profsarahj (and hopefully many others), it might be of interest to you and I look forward to your feedback!

I read AG Rantos' #SuperLeague Opinion (available at curia.europa.eu/juris/document…) for you and here are my main takeaways 🧵🧵🧵

#Sportslaw #EUlaw #BosmanDay #FIFA #UEFA It opens with some drama, "the very existence of the organisational structure of the modern game" and "the the future of European football" are at play. (§2)

For the first time in its history #CAS publishes an Annual Report and Financial Statements, welcome to the era of (relative) transparency!

[Follow the thread]

#Sportslaw #Arbitration #CAS

https://twitter.com/ArbitralduSport/status/1473279517108195333

1. Unfortunately, the only interesting bits are in the financial statements at the end of the document. Even though they are not going into great details, they are providing interesting information about the economic management of the CAS.

I really enjoyed talking to Noah about the #CAS.

It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see dailymail.co.uk/sport/sportsne…) and I’d like to explain a bit why.

[Thread] 👇👇👇

#Sportslaw #Arbitration #Transparency #Independence

https://twitter.com/GlobalAthleteHQ/status/1440332601802125322

1. #CAS is a crucial player in sports governance, it whitewashes legally speaking the decisions of international SGBs. Once a CAS award confirmed a decision of an SGB, the latter gains in authority and becomes extremely difficult to challenge elsewhere (see #Pechstein odyssey).

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.

I spoke to @soenen_florian about the next steps at the #CAS and beyond regarding #ManCityBan.

A short thread to share some of my key points (in English)

#Sportslaw #UEFALaw #FFP

https://twitter.com/lemonde_sport/status/1228748352101191681

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).

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 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

At the request of my new [South-African, obviously] colleague @MPlagis, I swallowed the 163 pages of the #Semenya award yesterday.

It wasn’t the most pleasant literary experience of my life, but at least I learned what a judicial ‘hot tub’ is.

Here is a book review:

#Sportslaw 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’.

#Semenya #Autonomy #Sportslaw