The Application of EC Treaty Rules to Sport: the Approach of the European Court of First Instance in the &lt;i&gt;Meca Medina&lt;/i&gt; and &lt;i&gt;Piau&lt;/i&gt; cases

Colomo, Pablo Ibáñez

doi:10.16997/eslj.111

Cited by 5 publications

(3 citation statements)

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“…As will be shown, BB will instead seek to secure the entire 'stock' of United's player in an attempt to hedge the risk that specific players cannot be sold, or lose market value. 16 The players will not necessarily be aware or even need to consent to the deal-the eventual 9 Consider, Colomo (2005). 10 With a fluctuating fictional player economic value (or resale) between £71-100 million.…”

Section: An Examplementioning

confidence: 99%

Can player economic value rights be used as collateral?

Maciel

Walton

2019

Int Sports Law J

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As Association Football Clubs look to finance player transfer fees, lenders have seen an increasingly prevalent role and will seek to secure their loan against club assets. One of the methods of securing lending has been to utilise the transfer market value of player economic rights. This paper examines the insolvency effects of a lender taking an interest in the eventual, prospective proceeds of a sale of a player's economic rights. It asks how a transaction might be structured to secure a loan using the value of a player's economic right and examines the potential pitfalls within the private international law rules of association football and the insolvency rules of England and Wales. The authors suggest that FIFA regulations involving third-party participation, Articles 18bis and 18ter, are incongruent with the rules controlling the same matter as found within the English FA and the English Premier League. The result produces inconsistent certainty as to how a lender could structure a loan. It is suggested that the FIFA regulations apply with direct effect and any transaction should heed to the stricter interpretation found therein. Secondly, the case in the matter of Football Creditors highlights a red line for the risks of unsecured lending to football clubs. The paper proposes two methods for ensuring a transaction provides a lender with adequate protection against insolvency and the Football Creditor Rule and against the unclear FIFA regulations when a lender uses the proceeds from the sale of a player's economic right as collateral.

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Section: An Examplementioning

confidence: 99%

Can player economic value rights be used as collateral?

Maciel

Walton

2019

Int Sports Law J

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“…The need for the home-grown player rule arises from the gradual erosion of the 'sporting exception', also considered in this journal (Colomo 2005) prior to the seminal ECJ judgment in Meca-Medina and Majcen v Commission (Case C-519/04 P, [2006] ECR I-6991). In Walrave (Case 36/74 Walrave and Koch v Association Union Cycliste Internationale [1974] ECR 1405 paragraph 4) the ECJ held that ' ….…”

Section: Application Of Ec Law To Sportmentioning

confidence: 99%

Nationality Discrimination in Community Law: An Assessment of UEFA Regulations Governing Player Eligibility for European Club Competitions (The Home-Grown Player Rule)

Miettinen

Parrish

2016

Entertainment and Sports Law Journal

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The Treaty establishing the European Community has amongst its foundational aims the purpose of an 'ever closer union', to be achieved inter alia by precluding nationality as a legitimate regulatory consideration within the internal market. The Court has interpreted Treaty derogations from this principle restrictively and has at times considered even entirely nondiscriminatory measures as falling foul of Treaty fundamental freedoms because of their restrictive effects on trade. In sport, the judgment of the European Court of Justice in Bosman made clear that sport was not special in this respect. Nationality restrictions in sport, when not related to its limited and possibly dated case law regarding national team sports were not beyond the scope of Treaty prohibitions on discrimination. Nondiscriminatory but excessively restrictive trading practices such as the disputed transfer system in Bosman were also not exempt from the Treaty and required justification despite an absence of discriminatory effects. Since Bosman, the Union of European Football Associations (UEFA) has argued that although commercial football is no longer organised with reference to nationality and does not require nationality rules for the sake of maintaining such market divisions, other considerations should permit the imposition of rules that closely correlate with nationality. By introducing its home-grown player rules UEFA seeks to require in certain circumstances preferential treatment of players with local links by training or residence. We examine whether the home-grown players rule is in principle justifiable under the Treaty given its relationship with nationality discrimination and if so, whether the reasons put forward are capable of constituting such justification, suitable for the aims stated by UEFA and proportionate.

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“…In its opinion, the eventual economic repercussions for the athletes and the fact that the IOC might possibly have had in mind the economic potential of the Olympic Games when adopting the anti-doping legislation 'is not sufficient to alter the purely sporting nature of that legislation' (Meca-Medina, paragraphs 51-57). On these grounds, the Court of First Instance dismissed the action (Ibáñez Colomo, 2005).…”

Section: Implications Of the European Union's Indirect Involvement In...mentioning

confidence: 99%

The European Union and the fight against doping in sport: on the field or on the sidelines?

Vermeersch

2016

Entertainment and Sports Law Journal

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With the adoption of the European Anti-Doping Convention in 1989 the European continent claimed a flagship role in the fight against doping in sport. Moreover, in one way or another doping appeared on the limited but developing sports agenda of the European Union. Especially in the aftermath of the infamous 1998 ‘Festina Tour’, expectations of the EU’s anti-doping policy were high. As the European Commission was actively involved in the creation of the World Anti-Doping Agency, it seemed that the European Union was willing to take a leading role.However, a lack of legal competence at EC/EU level combined with financial issues at WADA level induced the European Union to moderate its ambitions. Concurrently, the worldwide struggle against doping was strengthened by the adoption of the World Anti-Doping Code at the World Conference on Doping in Sport (Copenhagen, March 2003) which resulted in an International Anti-Doping Convention adopted under the auspices of UNESCO.This paper undertakes an analysis of the EU’s anti-doping policy in a global context and explores the possible legal bases for a more profound action. A preliminary question would be whether the European Union should play a role at all in the fight against doping. The present EU’s anti-doping policy will then be analysed on the basis of the actions that have been undertaken so far. The Union’s possible future role will be outlined in the light of the limited legal competences the Community/Union is endowed with. In addition to the direct policy, the possible consequences of the Union’s indirect involvement in the anti-doping policy will be considered, including whether the Community rules on free movement and competition should be applied to sports regulations and anti-doping regulations in particular. Although this question was brought only rather incidentally before the Community judges in the Meca Medina case, the reasoning of the Court of First Instance may have some influence on the Union’s direct action.

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The Application of EC Treaty Rules to Sport: the Approach of the European Court of First Instance in the <i>Meca Medina</i> and <i>Piau</i> cases

Abstract: In the Meca Medina and Piau cases, the European Court of First

Cited by 5 publications

References 0 publications

Can player economic value rights be used as collateral?

Can player economic value rights be used as collateral?

Nationality Discrimination in Community Law: An Assessment of UEFA Regulations Governing Player Eligibility for European Club Competitions (The Home-Grown Player Rule)

The European Union and the fight against doping in sport: on the field or on the sidelines?

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