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EU Court Allows Member State Review of CAS Awards

The ruling removes CAS’s final say by enabling national courts to ensure sports arbitration awards comply with EU public policy

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Der Europäische Gerichtshof in luxemburg

Overview

  • The European Court of Justice held that courts in EU member states may now examine CAS arbitration decisions for alignment with the bloc’s public policy standards.
  • This shift overcomes the CAS’s near-final authority by extending review beyond the Swiss Federal Court’s limited procedural oversight.
  • CAS leadership affirmed it will continue applying EU law where required while preserving its role as a timely global arbitration forum.
  • Belgian club RFC Seraing is set to resume its decade-long challenge against FIFA’s ban on third-party ownership in domestic courts.
  • Legal experts say the decision strengthens the rights of athletes and clubs and recalibrates the balance between supranational arbitration and national judicial control.