Sports Law

Professional League (⇒ begins with the college sports and extends to the professional League, "Drafting System")

Closed Leagues (⇒ limits of salary, no promotion, Entry fees, ... )

⇒ In the US M. there is no open league, hence there is no promotion and relegation, there are collective bargaining agreements and entry fees

• Contract Law
• Association Law
• Employment Law
• Corporate Law
• Private International Law
• Arbitration Law
• Fundamental Freedoms under the TFEU
• Competition Law
• Tax Law
• etc.

⇒ typical cross-section area of the law

⇒ see slides L1 S. 30 ff.

• Sports Regulations
• Statutes

⇒ non-state law

⇒ Rules and Regulations enacted by private entities (in switzerland the authonomy of associations)

⇒ no applicability per se

1. International Federation (enforcements (on a private law basis); disciplinary sanctions, financial penalties, Suspensions, etc.) Pyramidal system of sports
2. National Federation (Membership)
3. Club / Athlete (contractual basis)

See slide L1 S. 34 ff.

Switzerland is a hub to many int. Sports Federations

• was a "save haven" in the post World War I and pre World War II ⇒ neutrality, stability, security
• Geographic location
• Salaries
• Taxes
• Quality of life
• Education

The swiss legal framework is good for int. sports federations (liberal Legislation), only a few mandatory regulations, authonomy of associations, fiscal benefits, swiss arbitration law is broad and flexible, data protection

Swiss Sports Law? ⇒ SpoFöG

Substantive Swiss Law is of paramount importance in international sports dispute resolution

Art. 66 Abs. 2 CAS, Art. R45 ...

Swiss Arbitration Law

Rules, which define exclusively the progress/conduct/running of the game "on the pitch"

⇒ their effect is limited to "the pitch"

Examples: offside, penalty, foul, etc. Technical equipment, eligibility to participate

Rules, which have an effect that goes "beyond the pitch"

Examples: tranfer ban, doping suspension ⇒ judicial review

Should decisions of a referee, rendered in the course of a competition, be subject to judicial review?

The focus of this concept is on the decision which is appealed against ⇒ CAS arbitrators are not specifically trained in the rules of any or all sports, so it would be unfair to a decision-maker as well as to the athletes + prevention of a constant interruptions of the game by appeals

See slides L2 p. 46 ff.

The competing athletes have differen nationalities, different domiciles, different places of work, etc.

There are, in principle, points of contact to many different legal systems and /jurisdinctions.

But for an international sporting competition to be a true and fair competition, every competitor must have the same prerequisites; Technical Equipment, ban of certain substances, financial fair play, licensing conditions, legal and regulatory framework must apply in the same way to every competitor, etc.

⇒ the more balanced the sporting competition ist, the more attractive the competition

Sporting level:

• same sporting rules and regulations apply to everyone
• every athlete must compete under the same sporting prerequisites
• pyramidal structure
• "Ein-Verbands-Prinzip" = one sports entity per regional unit
• Fight against doping

Financial level:

• financial fair play, licensing system
• solidarity mechanisms
• centralised marketing of broadcasting rights

Legal level:

• providing a uniform legal framework for all competitors in international sports competitions

Whenever the parties have agreed to refer a sports-related dispute to CAS. Such references may arise out of an arbitration clause contained in a contract, regulations or by reason of a later arbitration agreement.

An appeal against a decision rendered by a federation, association or a sport-related body where the statutes or regulations of such bodies, or a specific agreement provide to an appeal to CAS.

It denotes the minimum contents of a contract in order for it to be held effective and legally binding

1. Adressee of the rule? (does the internal market rule apply to the sports federation, which has enacted a certain regulatory framework?)
2. Material scope of application? (does the internal market rule apply to the regulation in question? Or are such regulations "rules of purely sporting interest" which may be outside the scope of EU law?)
3. Territorial scope of application? (is the matter purely national? Are the worldwide regulations of an international sports federation/competition subject to EU law?)
4. Breach? (Restriction of fundamental freedoms? Violation of competition law rules?)
5. Sports-specific justification? (Rules of "purely sporting interest"? The "specificy" of sport? Are certain restrictions to EU internal market principles inherent to the proper functioning of sport? Are certain rules not covered by the purpose of the fundamental freedoms under the TFEU?)
   1. Legitmate aim?
   2. Necessity?
   3. Proportionality?