EU Court Rules Against Arbitration Finality in Sports Disputes

The European Court of Justice announced that national courts must have the authority to conduct comprehensive reviews of arbitral awards issued by the Court of Arbitration for Sport (CAS). This measure ensures compliance with EU law, following a prominent case involving Belgian club RFC Seraing.

RFC Seraing faced sanctions from FIFA in 2015 due to agreements with a Maltese company, Doyen Sports, deemed to breach rules against third-party control of player economic rights. Initially upheld by CAS and the Swiss Federal Supreme Court, Seraing challenged the decisions in Belgian courts, questioning their alignment with EU law.

The court highlighted that arbitration should not undermine fundamental rights guaranteed by EU law to athletes, clubs, or others linked to sports-related economic activities. In a landmark ruling, the court insisted on the need for effective judicial protection, potentially altering the landscape of sports arbitration.

(With inputs from agencies.)