Newsletter Sports Law – January 2024
Recent developments commented upon by Bignon Lebray Sports Law Department.
Publication by the Conseil National des Barreaux of a vademecum for the sports lawyer agent
This vademecum provides information on the role of the sports lawyer agent, as distinguished from that of the sports agent, and on his remuneration, in the light of the recent case law of the Court of Cassation.
Public funding of sports clubs – the example of football
A description of methods used to fund sports clubs, particularly in soccer, ranging from indirect participation by supporters via associations to direct investment by “supporter-shareholders” in the capital of clubs, and the various new approaches.
New FIFA regulations on agents
This regulation modernizes the framework for transfers. Key measures such as mandatory licensing, regulated representation agreements, commission capping, and the establishment of an Agents Chamber to resolve disputes are highlighted. However, the regulation has sparked controversy, particularly regarding the capping of indemnities, raising legal questions at both the national and European levels and has since been suspended.
Broadcasting sporting events – certain shirt sponsorship may constitute prohibited advertising and expose the broadcaster to penalties
The DGCCRF investigation, the administrative court’s decision, and the legal implications of the jersey sponsor’s advertising – an in-depth analysis of the legal criteria and the balance between fundamental freedoms and the protection of French consumers.
Simona Halep Appeals Four-Year Doping Ban
The doping case involving Simona Halep, resulted in a suspension for four years by the International Tennis Integrity Agency (ITIA). Simona Halep is appealing and denies any wrongdoing, claiming that the contamination came from a supplement supplied by her former coach.
Superleague: the CJEU opens up competition between organisers of European competitions
The Court has reaffirmed the application of European Union competition rules and freedom of movement.