The Court of Justice of the European Union (CJEU) has issued a landmark ruling asserting the capacity of national courts to review decisions made by the Court of Arbitration for Sport (CAS). The decision, announced Friday in Luxembourg, directly addresses instances where international sporting bodies, such as FIFA, impose arbitration proceedings in a unilateral fashion.
The case originated with Royal Football Club Seraing, a Belgian club that entered into financial agreements with the Maltese company Doyen Sports in 2015. These agreements involved the transfer of a portion of the economic rights of several players. Following this, FIFA imposed sanctions on the club, which were subsequently upheld by CAS and the Swiss Federal Supreme Court. RFC Seraing then sought recourse through Belgian courts, but these courts refrained from re-examining the arbitration award due to its finality.
The CJEU determined that national regulations granting arbitration awards such extensive finality are in violation of European Union law. It emphasized that national courts must be empowered to ensure effective judicial review. This capacity encompasses the ability to pursue interim measures and to submit preliminary rulings to the CJEU itself. The court underscored that national courts are obligated to disregard any regulations that impede the provision of effective judicial protection. The ruling establishes a significant precedent regarding the limits of arbitration’s finality within the EU’s legal framework and reinforces the importance of national judicial oversight in sporting matters.
