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EU Court of Justice Authorizes National Review of FIFA and CAS Rulings

The decision compels member-state courts to apply EU public policy standards when reviewing sports arbitration awards.

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Front door of the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland February 9, 2024. REUTERS/Denis Balibouse/ File Photo

Overview

  • The European Court of Justice ruled on August 1 that national courts in EU member states can challenge FIFA and Court of Arbitration for Sport decisions outside Switzerland.
  • Under the judgment, tribunals must carry out comprehensive judicial reviews of CAS awards to verify consistency with fundamental EU law.
  • The ruling could reopen a decade-old dispute between RFC Seraing and Doyen Sports over FIFA’s ban on third-party ownership of player rights.
  • This latest decision builds on prior ECJ interventions, including the Super League and Lassana Diarra cases, that have extended EU oversight of sports governance.
  • FIFA and CAS have not yet commented on the ruling, which is expected to drive changes in arbitration procedures for clubs, officials and athletes.