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A landslide verdict? CAS monopoly has been broken

In its landmark ruling C-600/23, the European Court of Justice (CJEU) decided that national courts may review arbitral awards issued by the Court of Arbitration for Sport – in principle, not only for procedural errors, as was previously the exclusive prerogative of the Swiss Federal Supreme Court.

,   and  Jens Weinreich
8 min read
The members of the ECJ. (Photo: Court of Justice of the European Union)
"Nutshell: The #CAS is from now on firmly under the supervision of the #CJEU and the national courts of the Member States."
Antoine Duval

The article contains summary podcasts in English, Spanish and German.

It remains to be seen whether the eagerly awaited ruling of the CJEU in Luxembourg in the case of Royal Football Club Seraing v FIFA, UEFA et al. will actually shake up international and/or European sports arbitration. The trend suggests yes – the stakes appear to be enormous, as experts have been commenting since January at the latest, when Advocate-General Tamara Ćapeta (Croatia) presented her opinion, which set the tone.

The RFC Seraing case concerned so-called third-party ownership (TPO), but such details are actually negligible. The message from the CJEU is clear:

The rights of athletes/active participants/players and clubs are strengthened.

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