October recap: Diarra Ruling, FC Barcelona v. UEFA, suspension of the Water Polo Team for 6 months and many more
- valeryialukhverchy1
- 26 ene
- 6 Min. de lectura
Even though today is November 5th, I'd still like to take a moment to look back and collect all important sports law news from October in one place. Let's dive into the most interesting topics together:
1.Diarra Ruling
Without a doubt, the most discussed topic of October 2024 (and I think it will continue to be a prominent topic of discussion until the end of this year) which is going far beyond just sports law community is the ruling delivered by the Court of Justice of the European Union concerning FIFA’s international player transfer regulations. This decision could significantly impact the landscape of professional football transfers by addressing the compatibility of FIFA’s rules with EU laws.
FIFA has already opened the global dialogue on article 17 of the Regulations on the Status and Transfer of Players by inviting the stakeholders to comment on and propose ideas in relation to article 17 of the RSTP (“Consequences of terminating a contract without just cause”) with a view to consolidating the proposals and identifying the best way forward.
Some sources:
Webinar of LawInSport - The impact of the Diarra case on the football transfer system - Expert views on the CJEU ruling
2. Aquatics Integrity Unit suspended the Italian Men's Water Polo Team for 6 months
The Adjudicatory Body of the Aquatics Integrity Unit has issued a six-month suspension to the Italian Men’s Water Polo Team from taking part in any World Aquatics competitions and events for violating Article 5 of the World Aquatics Integrity Code. This violation occurred at the 2024 Paris Olympic Games following the quarterfinal match against Hungary on 7 August 2024, and during the classification match against Spain on 8 August 2024.
As part of the sanction, the Italian Men’s Water Polo Team is barred from participating in the next World Aquatics Water Polo World Cup. In addition, the Team has been fined USD 100,000, of which USD 50,000 must be paid within 90 days from the date of issuance of the decision. The remaining USD 50,000 is suspended and will only become payable if the Team commits another violation of the Integrity Code before 17 October 2026.
3. CAS delivered an award regarding the appeal of FC Barcelona against UEFA
Appeal of FC Barcelona against a 500,000 euros fine by UEFA for breaches of Financial Fair Play regulations has been dismissed.
4. FIFA launched an Interactive Tool for Global Transfer Windows
FIFA has launched an interactive tool to keep supporters worldwide updated on global transfer window periods in real time across men’s, women’s and amateur football. The tool puts live information on transfer registration periods at the fingertips of fans around the world as it is updated by FIFA’s 211 Member Associations when transfer window dates are confirmed. This ensures the data is both accurate and comprehensive, as well as giving it an “as it happens” edge. Users can easily apply filters to focus on the open and upcoming registration periods that are most relevant for them, such as those within specific regions or categories across professional men’s and women’s football and amateur leagues.
5. Decision of the UEFA Executive Committee regarding an amendment to the UEFA club competition regulations for the 2025/26 season
The UEFA Executive Committee has approved a change to Article 5.01 of the UEFA club competition regulations that will come into effect in the 2025/26 season. This change concerns the assessment date for multi-club ownership criteria, i.e. the deadline by which clubs must comply with the rules against multi-club ownership. The new assessment date will be included in the 2025/26 UEFA club competition regulations that will be submitted for approval in full at a later date.
Article 5.01 of the 2025/26 regulations of the UEFA Champions League, UEFA Europa League, UEFA Conference League and UEFA Women’s Champions League will now read as follows (amended clause indicated in bold):
5.01 To ensure the integrity of the UEFA club competitions, the club must prove that as at 1 March preceding the competition season the below multi-club ownership criteria were met and the club must continue to comply with the below criteria from such date until the end of the competition season:
No club participating in a UEFA club competition may, either directly or indirectly:
i. hold or deal in the securities or shares of any other club participating in a UEFA club competition;
ii. be a member of any other club participating in a UEFA club competition;
iii. be involved in any capacity whatsoever in the management, administration and/or sporting performance of any other club participating in a UEFA club competition; or
iv. have any power whatsoever in the management, administration and/or sporting performance of any other club participating in a UEFA club competition.
No one may simultaneously be involved, either directly or indirectly, in any capacity whatsoever in the management, administration and/or sporting performance of more than one club participating in a UEFA club competition.
No individual or legal entity may have control or influence over more than one club participating in a UEFA club competition, such control or influence being defined in this context as:
holding a majority of the shareholders’ voting rights;
having the right to appoint or remove a majority of the members of the administrative, management or supervisory body of the club;
being a shareholder and alone controlling a majority of the shareholders’ voting rights pursuant to an agreement entered into with other shareholders of the club; or
being able to exercise by any means a decisive influence in the decision-making of the club.
6. Paul Pogba’s doping ban was reduced by CAS to 18 Months
The Court of Arbitration for Sport has issued its decision in the appeal filed by the football player Paul Pogba (the Player) against the decision rendered on 28 February 2024 by the National Anti-Doping Tribunal of the Italian National Anti-Doping Agency (NADO Italia) in which he was found to have committed an Anti-Doping Rule Violation (ADRV) (DHEA, classified under “non-endogenous testosterone metabolites” by the World Anti-Doping Agency (WADA) and sanctioned with a four-year period of ineligibility commencing on 11 September 2023 and a fine of EUR 5,000.
The CAS Panel in charge of the matter partially-upheld the appeal filed by Paul Pogba. It has confirmed the ADRV but reduced the sanction imposed on the Player to an 18-month period of ineligibility, commencing on 11 September 2023, and cancelled the fine.
7. FIFPRO and European Leagues filed a complaint against FIFA over congested football calendar
FIFPRO Europe and European Leagues, representing European player unions and national leagues, together with LaLiga, filed a complaint to the European Commission against FIFA over its conduct concerning the imposition of the international match calendar, including decisions relating to the FIFA Club World Cup 2025.
The complaint explains how FIFA’s imposition of decisions on the international calendar is an abuse of dominance and violates European Union law. Recent case law of the EU courts, including European Court of Justice rulings in the ‘Super League’ and ‘Diarra’ cases, makes clear that given its conflict of interest FIFA must exercise its regulatory functions in a way that is transparent, objective, non-discriminatory and proportionate so as to neutralise this conflict of interest. In this context, the inclusion of player union and league representatives in the decision-making process on calendar-related matters is legally essential.
8. The FIFA Counsel approved the Regulation for the FIFA Club Word Cup 2025: exceptional transfer window from 1 to 10 June 2025
Under the regulations, the FIFA Member Associations of the clubs participating in the FIFA Club World Cup™ will have the option of opening an exceptional registration window from 1 to 10 June 2025 (for all their affiliated clubs) prior to the start of the competition. The decision as to whether or not to open an additional window remains at the full discretion of each FIFA Member Association concerned.
9. Driven by Respect: the FIA sets new standards in Safeguarding
The safety and wellbeing of all participants in the world of motorsport is of paramount importance, with the world governing body of motorsport, the Fédération Internationale de l'Automobile (FIA), reflecting this in the launch of the new FIA Safeguarding Policy and Regulations. Unanimously approved during the recent World Motor Sport Council, these clear guidelines, procedures, and support mechanisms will create an environment where individuals are empowered to speak up, seek assistance, and act against any instance of abuse, harassment, or exploitation.
The policy provides clarity around the rules of safeguarding, alongside reporting, investigation, resolution, sanctions, and confidentiality, ensuring a unified response to any issues which are raised.
10. FIFA has published new editions of RSTP and FIFA Governance Regulations (both - October 2024)
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