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Social Dialogue in European Football Football Hooliganism “Rock Of 2004/3-4 Social Dialogue in European Football Football Hooliganism “Rock of Gibraltar” Dispute Trademarks Sports Agents in the United States The Position of Women in Sport CAS Awards CMS Derks Star Busmann It’s pretty clear. As the keeper you have only one goal: to stop the balls whizzing past your ears. A flawless performance, that’s what it’s all about. On the ball, right through the match. With your eye on the defence. You have to focus on that one goal. And pounce on that one ball. Because keeping the score at nil is all that matters. ...on the ball. Being on the ball is just as important in business as in hockey. CMS Derks Star Busmann supports your business with full legal and fiscal services. A goal-focused and practical approach with you at the centre. Cases and faces is what CMS Derks Star Busmann is all about. Contact our sports law specialists Eric Vilé ([email protected]), Dolph Segaar (d.segaar@cms- derks.nl) or Robert Jan Dil ([email protected]). www.cmsderks.nl CONTENTS Editorial 2 ARTICLES Little FIFA. FIFPro(s Problems With “Social 3 The Missing Link: Problems of Trademark 41 Dialogue” Protection for Famous Signs in Sports - Implications Thomas Hüser of the Judgement of the ECJ in Adidas-Salomon AG and others vs. Fitnessworld Trading Ltd. and of the From Bosman to Collective Bargaining 4 German Federal Court in Obermaier OHG vs. UEFA - Agreements? Michael Gerlinger The Regulation of the Market for Professional Soccer Players Mobile Marketing - The New Legal Frontier 43 Henk Erik Meier Rikardt Kemp Legal Framework for Collective Labour 15 The Regulation of Sports Agents in the United 49 Agreements in Sport in Germany States Oliver Klose John T. Wolohan Social Dialogue in the European Professional 17 The Impact of EC Law on Sport in the Czech 56 Football Sector Republic - A European Legal Football Match Heading for Pavel Hamernik Extra Time - Roberto Branco Martins Sports, Science and the Law 61 “An Innocent Abroad”: The Diane Modahl Doping Promoting the Social Dialogue in Professional 31 Case 1994-2001 Football in the New EU Member States Hazel J. Hartley Robert C.R. Siekmann Sport in EU Documents 65 Football Hooliganism - National and 33 Vasili Kirkilis International/Transnational Aspects José M. Rey and Diego Pérez Grijelmo “Rock of Gibraltar” Dispute 38 Mark Edmondson PAPERS Moving Pictures: Televised Male Dominance - 68 Women Participating in Men’s Events - 72 Merely Giving the People What They Want or Affirmation of (In)Equality? Differentiation Based on Sex? Steve Cornelius Tia Janse van Rensburg OPINION Sports Merchandising: Fighting The Fakes 76 Article III-282 of the Constitution for Europe 77 Ian Blackshaw and an EU Policy For Sport Robert Siekmann BOOK REVIEWS James A.R. Nafziger, International Sports Law, 79 Henry Peter (Editor), Arbitration in the America’s 82 New York 2004 Cup ( The XXXI America(s Cup Arbitration Panel and its Decisions, The Hague 2003 Lars Halgreen, European Sports Law - A 79 Comparative Analysis of the European and Richard W. Pound, Inside The Olympics: A 83 American Models of Sport, Copenhagen 2004 Behind-the-Scenes Look at the Politics, the Scandals, and the Glory of the Games, 2004 Christian Paul, Grenzwerte im Doping - 81 Naturwissenschaftliche Grundlagen und rechtliche Bedeutung, Berlin 2004 DOCUMENTATION Publication of CAS Awards (per June 2004) 84 2004/3-4 1 EDITORIAL In the second half of 2004, three EU-commissioned one-year projects Besides football hooliganism and the social dialogue, a third theme were finalised by the ASSER International Sports Law Centre. A twin in this and the next issue of ISLJ is the position of women in sport. project concerning Promoting the Social Dialogue in the European In the first 2005 issue a study on sport, gender and law will appear, Professional Football Sector encompassing all 25 EU Member States while this issue already contains both the papers given at a seminar was undertaken in co-operation with EFFC as was a study on Football which was organised by the Centre in April 2004 in The Hague con- Hooliganism with an EU Dimension: Towards an International Legal cerning equality aspects of the position of women in sport. Framework. In this double issue of ISLJ attention is paid to the legal Last but not least, a heartfelt welcome is extended to the Centre’s aspects of combating football hooliganism in Spain, and in the first new supporting partners “Europe/US” Legal Netlink Alliance, De issue of 2005 the subject of “EU and Football Hooliganism” will be Keersmaeker Vromans, the Brussels office of the ASSER International extensively dealt with. In that issue “EU and Doping” will be on the Sports Law Centre and SENSE, Amsterdam/Brussels, which operates agenda too. Both contributions are based on the Centre’s 900-pages as The Networks of the ASSER International Sports Law Centre. SENSE volume “The European Union and Sport: Legal and Policy for example organised the Centre’s contribution regarding the draft Documents”, which appeared in December 2004 (T.M.C. Asser “sports article” in the Constitution for Europe for the benefit of the Press). informal meeting of the sport directors of the 25 EU Member States No less than five articles in this issue of ISLJ are related to Social who convened in Rotterdam on 23 September 2004 under the aegis of Dialogue issues, including the full texts of the final chapters of the the Netherlands EU Presidency. Asser/EFFC twin project on the 15 “old” and 10 “new” EU Member States with recommendations on how to proceed further with respect to this subject. The Editors Media, Entertainment, & Sports Law Contact: Marinus Vromans Wetstraat 67 Rue de la Loi Brussel 1040 Bruxelles Tel: + 32 2 235 03 00 Fax: + 32 2 235 03 03 E-mail: [email protected] 2 2004/3-4 Little FIFA. FIFPro’s Problems with ARTICLES “Social Dialogue” by Thomas Hüser* 1. The status quo: “Tripartite Dialogue” instead of partnership union reach back to the 19th century. At present FIFPro is managed Since the start of the year one thing has been certain; the international by English union boss Gordon Taylor and his general secretary Theo umbrella organisation for football players’ unions, the Fédération van Seggelen, who is simultaneously chairman of the Dutch players’ Internationale des Footballeurs Professionnels (FIFPro), intends to union. They make a successful team. In the meantime, FIFPro itself start a “European Football Dialogue” in conjunction with the is represented in FIFA bodies (Dispute Resolution Chamber) and European Football Association (UEFA) and the Association of actively influences political organisational developments at FIFA and European Union Premier Professional Football Leagues (EUPPFL). UEFA. In summary it can be said that FIFPro’s history is one of a last- This is the result of FIFPro’s efforts to bring about a “Social Dialogue” ing struggle for recognition and acceptance, now being played out on in professional football, as in other sectors, with the aim of achieving the European stage. a common pay framework for every professional league. This contri- bution aims to set out clearly the political aims and organisational 3. FIFPro and “Social Dialogue” structure of the players’ unions and represent their political motiva- Since September 2002 FIFPro has been making efforts to develop a tion. “Social Dialogue” as part of a project promoted by the European Commission, with the long-term aim of a collective bargaining agree- 2. How FIFPro is organised ment for professional football within the EU. In conjunction with the In terms of world football, FIFPro is a young organisation. It was “Social dialogue” FIFPro is also pursuing a whole series of comple- founded in Paris under French law in 1968. Its beginnings were hesi- mentary aims, less intended to promote uniformity of labour legisla- tant; only in 1978 did FIFPro convene an annual meeting, which is tion contracts in European football, than force development of held in different cities in turn. FIFPro was thoroughly reorganised in unions in the individual countries. I would like to briefly shed some 1994, with the creation of a sustainable board organisation that light on these additional aims from the following points of view: ensured professionalisation of FIFPro. FIFPro achieved its public breakthrough with its support, in December 1995, for former profes- 1 Who is FIFPro representing and which aims is it pursuing in the sional footballer Jean-Marc Bosman in his battle against the transfer “Social Dialogue”? rules. Bosman’s success at the European Court of Justice gave the 2 Are the structures and degree of organisation of FIFPro adequate players’ unions in most European countries noticeable impetus. It was for a pan-European social partnership? only after this turning-point in European sports law that, for the first 3 The “Tripartite Dialogue”: What outcomes are possible in collabo- time in their vacillating history, the players’ unions were able to real- ration with UEFA and EUPPFL? ly establish themselves. The organisation was also able to develop financial independence with the establishment of a commercial arm, Re 1) The FIFPro European Union member associations have devel- the FIFPro Foundation, in 1999. Since then the FIFPro Foundation oped very differently. Whilst some countries (e.g. England, France) has developed a whole series of successful commercial activities, have built superb structures and social partnerships, there are player including marketing of players’ name rights for animated computer organisations that are comparatively weak and cannot yet meet the games. This economic progress has benefited the organisation of the minimum requirements of a representation in a potential collective individual players’ unions enormously. For example, FIFPro members bargaining situation. In the process it must be noted that talk of a in England, Spain, and France succeeded in agreeing workable pay European pay settlement largely overlooks the professionals in the agreements with the respective leagues.
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