Curtains are closed on 2016 and a new challenging year has begun.
Finally the turmoil surrounding international football seems to have come to an end and it is now time to join our efforts to restore the credibility of our game and implement basic principles of good governance and democracy at all levels of the football pyramid.
As recently highlighted in the Benchmarking Report published by UEFA, the sporting and financial gap in European football is growing and this represents one of our main challenges for the future. For this reason, we have put the issue of competitive balance of both domestic and international competitions at the top of our agenda and we are strongly committed to work, together with the other key stakeholders, in order to foster a healthier reality for all.
We believe that all our clubs must be able to compete at the highest levels both domestically and internationally, and we have the responsibility to keep their dream and ambition alive. For this reason, the EPFL is working to protect and enhance the competitive balance as well as to ensure that the basic sporting principles of our beautiful game are always preserved.
We hope you enjoy the third edition of the EPFL Legal Newlsetter and we wish you lots of success and joy in 2017.
Best,
Lars-Christer Olsson
EPFL Chairman
Opinion Articles
The Football Audiovisual Rights in Spain one year after the approval of the new regulatory Framework: better than before?
Jordi Lopez, Partner at Pinto Ruiz and Del Valle, analyses the positive impact on Spanish football of the Decreto Ley 5/2015 and the new regulatory framework of the audiovisual rights' exploitation.
Major League Soccer (MLS) - The Method to its Madness.
An interesting insight on the unique model of the US Major Soccer League provided by a prominent sports lawyer practising in New York. In this article, Spyros Arsenic points out the peculiarities of the US system, explaining the main relevant rules and practices in US soccer.
Authors: Spyros Arsenis, Of Counsel - Sports Lawyer, Gerard Fox Law, New York City
Registering a player outside the transfer periods: balancing between free movement and the sporting exemption.
Around Christmas 2015, Belgian newspapers headlined: “Harbaoui finally able to play for KSC Lokeren”. Indeed, the transfer had initially been announced early in October. And although the player was a “free agent,” the procedure took several months. The club had to take on the competition without its important striker, and the player himself was prevented from doing what he knows best, scoring. In this article Leander Monbaliu explains the details of this controversial transfer.
Tax treatment of fees paid to intermediaries in the light of the new FIFA Regulations
In this third edition of the Legal Newsletter, we have included interesting tax insights from a number of jurisdictions, i.e. England, Italy, Spain, France, Portugal and the Netherlands. Prominent tax lawyers have analysed the tax treatment of fees paid to intermediaries in their own countries.
The EPFL has recently presented its Annual Report of Activities. The season 2015/2016 was a special one for the EPFL, since it celebrated its 10th anniversary. Furthermore, the 10th anniversary coincided with the election as new Chairman of Lars-Christer Olsson, President of the Swedish League and former CEO of UEFA. Under his leadership, during a period crisis for the governance of our game, the EPFL started a new era where the primary goal of the Association is and will be to protect and improve the competitive balance in European football.
Latest news in the international football landscape
UEFA Champions League Reform
Following the reform announced in August, on 9 December 2016 the UEFA ExCo approved the full details for the cycle 2018-21 of the UEFA Club Competitions. The reform foresees, inter alia, a new access list, where the top-four leagues will have four guaranteed spots in the Group Stage of the Champions League. For the upcoming cycle, it was also decided to have two separate kick-off times in the UEFA Champions League, at 19.00CET (two matches) and 21.00CET (six matches), allowing fans opportunities to watch more matches. Other relevant amendments were made to the club coefficient system and the financial distribution criteria.
The FIFA Council, in its third meeting held in Zurich on 9 and 10 January, unanimously decided in favour of expanding the FIFA World Cup to a 48-team competition as of the 2026 edition. The new tournament format will see the 48 national teams split into 16 groups of three, where the top 2 teams from each group will then advance to a 32-team knockout stage.
CAS 2016/A/4560 Klubi Sportiv KS Skënderbeu v. UEFA
On 21 November 2016, the Court of Arbitration for Sport uphled the decision taken by UEFA disciplinary bodies declaring the inegibility of the Albanian Club to partecipate in the UEFA Champions League in the 2016/2017 sporting season. The dispute before the CAS essentially revolved around the legal value that should be attributed to the reports of the UEFA's betting fraud detection system.
The Panel went on to consider whether or not such system is sufficient to prove that a club is, directly or indirectly, involved in match-fixing activities and, consequently, whether or not it can be used as the sole piece of evidence when prosecuting cases of match-fixing.
CAS reduces the sanctions imposed on Real Madrid CF for breaches of the FIFA Rules regarding the transfer of minors.
On 20 December 2016 the Court of Arbitration for Sport (CAS) issued its decision in the arbitration procedure between Real Madrid CF and FIFA. The appeal of the Spanish club has been partially upheld. As a consequence, the decision rendered by the FIFA Appeal Committee on 8 April 2016 is set aside and replaced by a CAS decision in which the following elements of the FIFA Appeal Committee decision have been modified: Real Madrid CF is banned from registering any new players, either nationally or inernationally, for one entire transfer period (previously two): Real Madrid is ordered to pay a fine of CHF 240,000 (previously CHF 360,000). Finally, the reprimand imposed by FIFA is maintained.
On 9 January 2017, CAS published the latest edition of its Bulletin. Important leading cases are included: among them:
The case Racing Club Asociación Civil v. FIFA which deals with the issue of bridge transfers.
The cases Club Samsunspor v. FIFA and Liga Deportiva Alajuelense v. FIFA, where the CAS panels address the issue of disciplinary sanction for non-compliance with a FIFA decision.
The case Zohran Bassong & RSC Anderlecht c. FIFA, addressing the scope of the exceptions to the principle of the ban of international transfer of minor players.
The case Fovu Club de Baham v. Canon Sportif de Yaoundé deals with various issues related to the sanction applicable to a club having fielded an ineligible player.
David Martin Nakhid v. FIFA, where several matters related to the FIFA presidential election are analysed.
On 18 January 2017, the UEFA Club Financial Control Body (CFCB) investigatory chamber has provided updates on Hull City (England), Panathinaikos (Greece) and Sporting CP (Portugal), who all concluded settlement agreements last year. The three clubs were found to have fully complied with the terms of their agreements. As a consequence, they have exited the settlement regime.
The investigatory chamber decided to refer the case of Galatasaray (Turkey) to the CFCB adjudicatory chamber for the necessary actions to be taken as the club has failed to comply with the break-even requirement during the monitoring period assessed in the 2015/16 season. The CFCB adjudicatory chamber will take a decision and communicate it by the end of February.
UEFA Disciplinary Updates
On 19 December 2016, UEFA has welcomed the decision of FC Barcelona to withdraw its appeal to CAS regarding the financial sanction imposed on the club by UEFA’s independent disciplinary bodies in connection with the display of “Estelades” at two UEFA Champions League matches in November 2015. At the same time UEFA has recognized that rules of this nature are not “set in stone” and that they can, and should, evolve to reflect the nature of the society in which we live, where freedom of expression is generally a value to be supported and cherished. Thus UEFA has expressed its intention to re-examine the precise scope of its existing Disciplinary Regulations, and will establish a working group, to review the disciplinary framework and which will make appropriate recommendations.
Several member associations sanctioned for incidents during FIFA World Cup qualifiers and friendlies
On 19 December 2016, FIFA Disciplinary Committee imposed sanctions on several football associations for incidents during 2018 FIFA World Cup™ qualifying matches and international friendlies.
England has been fined CHF 45,000 for several incidents in the framework of the England v. Scotland match, including the display by the host association, the English team and spectators of a political symbol and several cases of spectator misconduct. Scotland, as the visiting association, has been fined CHF 20,000 for the display of the same political symbol and cases of misconduct committed by its own group of spectators.
Wales has been fined CHF 20,000 and Northern Ireland CHF 15,000 in relation to several incidents, including the display of political symbols in the context of the Wales v. Serbia and Northern Ireland v. Azerbaijan matches.
The specialized journal "Football Legal" has recently published insights on Media and Broadcasting Rights, with valuable contributions from the legal directors and experts of the top 6 European Leagues as well as leagues from North and South America and Asia. In this third edition of our Legal Newsletter, we provide access to two of these contributions:
- Broadcasting and Media Rights in Football
by Ornella Bellia, Head of Legal Affairs - EPFL
- Broadcasting and Media Rights in the Premier League
by Mathieu Moreuil, Head of EU Public Policy - Premier League
UEFA Club Licensing Benchmarking Report on European Football
The report offers an exhaustive and exclusive review of the club game and a thorough analysis of the financial development of European football. The report shows the positive impact that FFP has had in European Club Football:
Aggregate operating profits have risen to € 1.5 bn in the last 2 years, compared to losses of € 700m in the two years immediately prior to the introduction of FFP
Aggregate losses have dropped by 81% since the full introduction of FFP
Net debts as a percentage of revenue has fallen from 65% in 2009 to 40% in 2015
European club football is enjoying unprecedented levels of investments - 58 new club stadium completed between 2014-2015.
The report also highlights the increasing gap between a handful of top clubs and all the other remaining clubs, stressing that this issue represents one of the main challenges for the future of football.
On 16 January 2017, Juventus unveiled its new minimal club logo, which will be adopted starting as of next season. Over the last few years, many clubs have gone through a restyling of their historical symbols to make them more appealing at a global level. However, until now, no European club has gone so far towards such an innovative visual identity. The Italian club seems to have opened the door to new innovative marketing strategies in fooball clubs.
The Dutch Premier League launches the E-Divisie
Eredivisie is launching a completely new competition for Eredivisie clubs: the E-Divisie. In the E-Divisie eSports players from the 18 Eredivisie clubs will virtually compete for the championship in FIFA 17 Ultimate Team. The E-Divisie, one of the first official eSports competitions for FIFA gamers worldwide, starts on 6 February. Fans and enthusiasts can follow the games of their favourite club or gamer via Twitch, YouTube and FOX Sports Netherlands.
A Fresh Look at the Science, Legal, and Policy Aspects of Anti-Doping
Friday 28- Saturday 29 April 2017, Macolin
This Conference, which will be held at the Swiss National Sports Centre in Macolin, will bring together key voices around the world for a fresh look at the main anti-doping issues.
THE FIFA REGULATIONS ON WORKING WITH INTERMEDIARIES. IMPLEMENTATION AT NATIONAL LEVEL. II Edition - December 2016
Michele Colucci (ed.)
The book is the second and updated edition of a work of international specialists from all around the world. The upgraded analysis is comparative and multidimensional. It raises the major legal issues and suggest practical solutions.
Ornella Desirée Bellia
Head of Legal Affairs ornella.bellia@epfl-europeanleagues.com
Football Legal EPFL members can receive a special discount for subscribing to Football Legal. Please contact Ronan David rd@droitdusport.com to receive full details of the offers available to our members.
