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Latest FL Journal Articles
30
May
2025
Armed Conflict as a Force Majeure - By Eugene KRECHETOV
CAS 2024/A/10279 Al Raed Sport Club v. FC Rostov; CAS 2024/A/10281, Mathias Antonsen Normann v. FC Rostov
FIFA DRC, Ref. FPSD-11614
FIFA DRC, Ref. FPSD-12510
CAS 2024/A/10279 Al Raed Sport Club v. FC Rostov
CAS 2024/A/10281 Mathias Antonsen Normann v. FC Rostov
There is no statutory definition of force majeure in the Swiss Code of Obligations.
According to the Swiss Federal Tribunal (SFT) force majeure is understood to mean an unforeseeable, ex...
30
May
2025
Appeal While You Can! When Requesting Further Clarifications Can Be Costly - By Saverio P. SPERA
CAS 2024/A/10414 Alejandro Gustavo Camaño Tolosa v. FIFA
Introduction
What is an appealable decision? The short answer is any communication that, regardless of its form, intends to affect the legal position of its addressee.[1] It happens, sometimes, that over the same matter several correspondences are exchanged with a Sports Governing Body (SGB) such as FIFA. Only some of them (if not just one in m...
30
May
2025
From Victory to Verdict: CAS Weighs in on Rubiales’ Ban After World Cup Misconduct - By Georgi GRADEV & Desislava GEGOVSKA
CAS 2024/A/10384 Luis Rubiales v. FIFA
The absence of intent does not exculpate conduct that breaches established norms of propriety, leading to disrepute in the sport of football. Especially when such conduct is committed by individuals in positions of institutional authority.
30
May
2025
The Player’s Standing to Sue as a Third-Party Beneficiary and the Interpretation of Contractual Obligations - By Georgi GRADEV & Kaloyan STEFANOV
CAS 2023/A/9979 Renato Kayser de Souza v. Daejeon Hana Citizen Football Club
A player may have a standing to sue as a third-party beneficiary. A clause requires considering the true intent of the parties rather than merely the clause’s wording.
30
May
2025
The Case of Patrick Drewes and its Consequences - By Joachim RAIN
Facts
1. On 14 December 2024, the Bundesliga match between 1. FC Union Berlin (Union) and VfL Bochum (Bochum) took place.
In the 91st minute, after the referee team had indicated an additional time of 5 minutes, at a score of 1-1, a Union supporter threw a lighter from the stand that hit Bochum’s goalkeeper Patrick Drewes on the head.
The ma...
30
May
2025
The Technical Director of AEK FC was Sanctioned for his Behavior - By Aspa SOULOUKOU
HFF Appeals Committee, 30 October 2024
During the current sporting season of first professional division in Greece (Super League 1), and especially after a match between AEK FC and PAOK FC. On 20 October 2024, the technical director of AEK FC, Daniel Vega and the head coach of PAOK FC, Mr. Lucescu, while they were inside the pitch, came into an intense confrontation, verbal and physi...
30
May
2025
Football in Saudi Arabia, a Story of Transformation - By Saleh ALOBEIDLI
Introduction
The ambitious vision led by Saudi Crown Prince Mohammed Bin Salman is taking the Saudi nation on an extraordinary journey of transformation. Football is one of the cabins of this bullet train but definitely a forefront cabin. Given that football is deeply rooted within Saudi culture, that makes it at the center of the Vision 2030....
30
May
2025
South Korean Court to Decide on the Legitimacy of the Government Audit on the Korea Football Association - By Nate (Jiwon) PARK
[1]
On 5 November 2024, South Korea’s Ministry of Culture, Sports and Tourism (MCST) announced the results of its three-month-long specific audit of the Korea Football Association (KFA). According to the MCST, it discovered 27 cases of unlawful conduct by the KFA and therefore imposed measures, including demands for disciplinary actions agai...
30
May
2025
The Dani Olmo Case: A Threat to the Integrity of the Financial Control Model - By Carlos M. MORENO CABALLERO
The registration of the player Dani Olmo by FC Barcelona has opened a new crack in the already strained legal and regulatory ecosystem of Spanish professional football. What might appear on the surface to be a mere dispute over clubs’ financial control mechanisms, in reality, brings into play much deeper issues: the independence of sporting inst...
30
May
2025
Racism Allegations against José Mourinho after his Statement of “Jumping Like Monkeys” - By Emin ÖZKURT
The Fenerbahçe-Galatasaray derby is one of the fiercest and most historical derbies in world football, as the two teams have a long-standing rivalry in the Turkish Super Lig. On 24 February 2025, after the derby match between Galatasaray and Fenerbahçe ended 0-0, the coaches of the two teams made harsh statements against each other in a high-ten...
30
May
2025
Foreign Referee Appointment in Turkish Football - By Emin ÖZKURT
Turkish football’s fast-paced agenda continues to evolve without losing momentum. In an environment characterized by intense competition and a strong passion for teams, it is no surprise that the agenda moves quickly. However, Turkish football continues to progress unpredictably, driven by numerous events and decisions.
The contribution of all...
30
May
2025
Pandemic and Force Majeure Clause - By Saksham SAMARTH
Introduction
This article analyses the consequences for employers and employees stemming from unforeseen and extraordinary events that arise during a contractual relationship. The COVID-19 pandemic, wars, conflicts, political unrest, earthquakes, currency variations etc. have been some reasons in the football world where employers have often in...
30
May
2025
The Implementation of the Role of the “Safeguarding Officer” in Italy - By Lucio MAZZEI
Introduction
In Italy, the approval of the Legislative Decree no. 39 of 28 February 2021 led to a substantial reform of the sports field (in Italian, the so-called “Riforma dello Sport”). In the author’s view, such reform contributed to the modernisation and harmonisation of the Italian sports system, creating - among other things - a regula...
30
May
2025
Governance in Icelandic Football Clubs: Is It Time for a New Ownership Model? By Árni Freyr SVERRISSON
Icelandic Football Clubs are small entities and are publicly owned. The form that is used is the so-called “General Non-profit Organizations”, which means the clubs are controlled by their members according to their regulations. The usual election process is when the members elect the board for each period. Financially, the clubs rely heavily on...
30
May
2025
Argentine Court Rejects Agent’s Claim for Lack of License and Evidence - By Ariel RECK
City of Buenos Aires Commercial First Instance Court, 21 April 2025, no. 17730/2021, Lautersztein, Tomás c/ Cañete, Martín Ezequiel
In a decision dated 21 April 2025, a first instance commercial tribunal rejected a claim by an agent against a player. As in many other cases in Argentine case-law previously reported,[1] the two main arguments to reject the claim were:
the absence of a valid license by the time the agreement was concluded; and,
the lack of any proven act...
30
May
2025
The Involvement of Religious Issues in Professional Footballers’ Contracts - By Thomas NORMAND
In a globalised world of professional football, religious matters are now making their way into players’ contracts, notably through ethics clauses or requirements to respect the laws and values of the countries where the athletes play, sometimes accompanied by potential sanctions. To ensure that such clauses do not hinder the signing of emp...
30
May
2025
Termination Clauses in Coaches Employment Contracts – German and International Perspectives - By Joachim RAIN
Specific Clauses in Germany and their Legal Framework
Time Limitation/Fixed Term
a) According to German labor law, the fixed term of an employment contract may not exceed two years, unless there is a just cause to do so. Just causes are defined in paragraph 14 of the TzBfG (German “Part-Time and Fixed-Term Employment Act”). Contrary to that, A...
30
May
2025
Contestation of Lionel Messi’s Transfer to PSG: The Lack of Interest in the Action of a Member of FC Barcelona and a Supporters’ Association of the Club Confirmed on Appeal
Paris Administrative Court of Appeal, 19 November 2024, no. 23PA03997
Invoking an attack on sporting fairness and free competition between football clubs, an association of FC Barcelona supporters and a member of the Catalan club had challenged the LFP’s approval of Lionel Messi’s contract with PSG and the decision of the DNCG not to have taken administrative measures against the Parisian club in view of its finan...
30
May
2025
The Company Dazn Obtains the Blocking of Websites Illegally Broadcasting Ligue 1
Judicial Court of Paris, Interim Order, 7 November 2024, no. 24/12084
The exclusive holder of the audiovisual exploitation rights for the 2024-2025 Ligue 1 season, the company Dazn, had noted that many websites broadcast the championship almost systematically, free of charge, in streaming and live. Called upon to rule on the merits under an accelerated procedure, the President of the Paris Judicial Court noted the...
30
May
2025
The LFP Obtains the Delisting of Websites Illegally Broadcasting the Ligue 1 and Ligue 2 Championships
Paris Judicial Court, Interim Order, 16 January 2025, nos. 25/00226 and 24/15307
Despite the pronouncement of a first series of blocks at the beginning of the 2024-2025 season, the French Professional Football League (LFP) had noted that some websites illegally broadcasting the Ligue 1 and Ligue 2 championships were still accessible via specific search engines. Noting that the serious and repeated infringements of the LFP’s...
30
May
2025
30
May
2025
The Premier League and Manchester City Legal Battles: An Insight into English Football’s Recent Developments - By Carlos M. MORENO CABALLERO, Aayush KUMAR & Giuseppe CASTELLI
In recent years, the intersection of football and law has become increasingly pronounced, nowhere more so than in the ongoing disputes between Manchester City Football Club and the Premier League. These legal battles, encompassing issues of financial regulation, competition law and procedural fairness, highlight the growing complexity of governa...
30
May
2025
The Rafael Leão Saga - By Luc KASPEREIT & Ronan DAVID
CAS 2023/A/9670 LOSC Lille v. Sporting Club de Portugal & FIFA & CAS 2023/A/9671 Sporting Club de Portugal v. LOSC Lille
30
May
2025
Ukrainian NDRC has been Recognized by FIFA
On 31 January 2025, the Ukrainian NDRC was formally recognized by FIFA[1] as a compliant national dispute resolution body among the first eight national association.
Ukrainian NDRC successfully demonstrated its compliance with the NDRC Recognition Principles developed by FIFA. This status is granted for a four-year period, subject to NDRC fulfi...