The Court of Justice of the European Union (CJEU) has issued a significant ruling concerning the enforceability of decisions made by sports arbitration bodies, notably the Court of Arbitration for Sport (CAS). The decision, announced Friday in Luxembourg, addresses situations where international sporting organizations, such as FIFA, impose arbitration procedures as a unilateral measure.
At the core of the case was a dispute involving the Belgian football club Royal Football Club Seraing and the Maltese company Doyen Sports. In 2015, Seraing entered into financial agreements with Doyen Sports, involving the transfer of economic rights related to several players. Subsequently, FIFA imposed sanctions against the club, which were upheld by CAS and the Swiss Federal Supreme Court. Seraing sought recourse through Belgian courts, but these courts were prevented from reopening the case due to the binding nature of the CAS ruling.
The CJEU’s judgment establishes that national regulations granting such absolute authority to arbitration rulings are in violation of European Union law. The court emphasized the necessity for national courts to ensure effective judicial review. This mandates the ability to conduct thorough legal scrutiny of CAS decisions, either at the request of a party or by the court’s own initiative.
Crucially, the ruling stipulates that national courts are obligated to set aside any regulations that impede effective judicial protection. This includes the possibility of obtaining interim measures and submitting preliminary reference requests to the CJEU itself, underscoring a commitment to safeguarding legal recourse within the EU framework. The decision is expected to have far-reaching implications for the relationship between national courts and international sports arbitration jurisdictions.