Finality of Court of Arbitration for Sport’s awards undermined after European Union ruling

National courts must be allowed to conduct in-depth reviews of arbitral awards by the Court of Arbitration for Sport (CAS) to ensure they are compliant with EU law, the European Court of Justice said on Friday.

Advertisement

The ruling comes after RFC Seraing were banned from registering new players and also fined by football’s governing body Fifa in 2015 when the Belgian club signed agreements with a company that transferred part of the economic rights to players.

Fifa ruled their deal with Maltese company Doyen Sports as a breach because third parties are not allowed to hold economic rights to players, with the sanctions being upheld by the CAS – sport’s top court – as well as the Swiss Federal Supreme Court.

However, Seraing brought the case before Belgian courts to challenge the compatibility of Fifa’s rules with EU law.

Although CAS awards are considered final and cannot be relitigated, the Belgian court approached the Court of Justice, which said such a scope was contrary to EU law.

Fifa’s sanctions on Seraing, upheld by CAS, were the result of unlawful procedure, the CJEU said. Photo: dpa

“It is essential that recourse to arbitration does not undermine the rights and freedoms that the fundamental rules of EU law guarantee athletes, clubs and, more broadly, any other person practising a professional sport or pursuing an economic activity linked to that sport,” it said.

Click here to read article