On 16 January 2025, Advocate General Tamara Capeta issued her Opinion on two preliminary questions referred by the Belgian Supreme Court in a dispute between RFC Seraing and Doyen Sports vs. the Belgian football association, UEFA, and FIFA.

This case concerns the compatibility of FIFA’s ban on third-party ownership of players’ economic rights (TPO) with EU competition law. Along the way, another captivating question emerged about the recognition of arbitral awards issued by the Swiss-based Court of Arbitration for Sport (CAS) by national courts. In light of a CAS award proclaiming the conformity of FIFA’s TPO ban with EU law, the Belgian courts had declined jurisdiction based on Belgian international private law, which grants these awards force of res judicata without the need for a prior exequatur procedure.

Building on the ECJ’s Judgment in the ISU-case (previously discussed here: https://lnkd.in/eVr3N-2b), the Advocate General emphasized the importance of the principle of effective judicial protection under EU law. Sporting arbitral awards cannot prevent a national court from reviewing conformity on its own and referring questions of EU law interpretation to the ECJ if necessary, because (i) they are not voluntary and (ii) they are self-enforcing.

It would not be surprising if the ECJ follows this opinion, which would considerably impact sport arbitration as a whole.

More info? Read the full text of the opinion below 👇

Any questions? Please do not hesitate to get in contact.

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