How the CJEU Should Supervise the Court of Arbitration for Sport
On 16 January 2025, AG Ćapeta rendered her Opinion in the Seraing case which could have profound effects for transnational governance of sports. AG Ćapeta highlights convincingly the specificities of CAS arbitration, its forced nature and peculiar private enforcement system. She concludes that CAS awards should be deprived of res judicata effect and subject to EU law review. I advocate for a less disruptive approach. Instead of a total devaluation of CAS awards, we should condition the recognition of their bindingness to their compliance with European public policy and fundamental due process rights.
Continue reading >>
Football at a Crossroads
The CJEU shook the world of football with its Diarra ruling on Friday, October 4. The impact of the ruling is all but a surprise for me. In a way, the FIFA transfer system was always on shaky legal grounds in terms of EU internal market law. Now, the chickens have come home to roost and key parts of the football transfer system have been brutally set aside. I aim to explain why the Diarra ruling marks a crucial turning point for football, its economy and even its identity.
Continue reading >>