LawInSport has published an article by Raymond Cox KC regarding the Advocate General delivering an opinion in the long running case of Royal Football Club Seraing v FIFA and others C-600/23 (the Opinion), stating that awards of the Court of Arbitration for Sport (CAS) in relation to FIFA rules or decisions should be open to review for any and all breaches of EU law, not just, as had been held until now, breaches of fundamental EU laws.
The power of FIFA to make rules or decisions, without court intervention, will soon be revisited by the Court of Justice of the EU. A rule or decision of FIFA may be reviewed by way of a final arbitration before the CAS based in Switzerland, from which there is only a limited appeal to a Swiss court. At stake is the extent to which the Court of Justice of the EU, or national EU courts, may reverse a CAS award by applying EU law even though the CAS award is expressed to be final.
Currently EU case law in such cases provides that only fundamental laws of the EU must be applied. There has been a series of such cases, including the cases about the abortive European Super League and the €10 million fine on footballer Lassana Diarra. However, the Opinion issued on 16 January 2025 by Advocate General Capeta takes a different line, namely that EU law should be applied in respect of all and any breaches of EU law, whether fundamental or not. This article recaps the background to the Seraing case and then explores the significance of the Opinion.
The full article can be read here.
