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31/07/2015

FIFA on third party ownership

Ami Barav instructed by FIFA

The Brussels first Instance court has rejected Doyen Sports & Others application for interim relief, directed against FIFA, UEFA and the Belgian Football Association regarding the recent prohibition by FIFA on third party ownership of the so called players’ economic rights (TPO).

The Court held it had no jurisdiction under the LUGANO Convention to entertain the claim
against UEFA which has no role to play in the implementation and enforcement of the ban on TPO, but it had jurisdiction to hear the case against FIFA and the Belgian Football Association,
essentially because the latter has to ensure that the prohibition on TPO is complied with
by the Belgian clubs. Jurisdiction in the case of FIFA is limited to measures to be taken
as regards the Belgian territory alone, and not to measures worldwide.

After rejecting various objections to admissibility and locus standi, the Court
held the applicants have failed to show that prima facie the ban on TPO contravened
EU law (competition and free mouvement principles) or that the ban was not a proportionate
measure to attain the legitimate objectives sought.

FIFA now have cases on substance in Brussels, Paris and the European Commission.

Click here to View order (French)

 
 

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