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The The International Sports Law Journal 2010/1-2 Bernard Case Players’ Agents French CAS Sport Governance Sport Image Rights TV Rights Sports Betting CAS and Football 2010/1-2 passionate progressive professional ● One of the foremost translation companies in the Netherlands, employing more than 60 in-house translators/editors and experienced project managers. ● Oces in Leiden, Ghent and Brussels. A reliable partner for all your high-quality translation services. On the ball ● Years of experience in both general and specialist translation. Subjects include (sports) law, finance Verbeekstraat 10 and economics, medicine and pharmaceutics. 2332 CA Leiden PO Box 611 ● Provider of translation and interpreting services 2300 AP Leiden from and to all European languages, as well as a e Netherlands Being on the ball is just as important in business as in sports. CMS Derks Star Busmann supports wide variety of other language combinations. T: +31 (0)71 581 1211 sports associations, clubs, individual sportsmen and women and sponsors with specialist legal and F: +31 (0)71 589 1149 tax services. You can rely on us to provide expertise in all the relevant areas of law, amongst others ● Assignments for the European Commission, the E: [email protected] IP, Real Estate and Employment law. We are always goal-focused and our practical approach puts European Parliament and the Translation Centre you first. for the Bodies of the European Union. ● Translators for the T.M.C. Asser Institute (International Sports Law Project) ● Member of ATA (Association of Translation Agencies in the Netherlands) Visit our website for more information or contact Dolf Segaar ([email protected]). ● Extensive and ecient use of modern translation tools and terminology software. CMS Derks Star Busmann is a member of CMS, the organisation of independent European law and tax firms of choice for organisations based in, or looking to move into, Europe. ● Client-oriented terms and conditions plus professional liability insurance. www.cms-dsb.com CONTENTS EDITORIAL ARTICLES The Olivier Bernard Case: how, if At All, to Fix Sports Image Rights in Lithuania 50 Compensation for Training Young Players? 3 Jaunius Gumbis and Julius Zaleskis Stephen Weatherill Sports Image Rights in Romania 56 Players’ Agents: Past, Present … Future? 7 Ana-Maria Andronic and Daniel F. Visoiu Roberto Branco Martins and Gregor Reiter Sports Image Rights in Slovenia 58 The “Chambre Arbitrale du Sport” (CAS): a Tone Jagodic New Body for Dispute Settlement in French Sport 12 Rights to Broadcast Sporting Events under Jean-Michel Marmayou Italian Law 65 Luca Ferrari The Application of Criminal Law on Doping Infractions and the ‘Whereabouts Information’ TV Rights in Japan 74 Rule: State Regulation v Self-Regulation 14 Yoshimi Ohara and Eriko Watanabe Gregory Ioannidis TV Rights in Turkey 77 The Organization of Sports in France 25 Özgerhan Tolunay, SerminÇ Tekinalp and Cem Çetin Delphine Verheyden Sports Betting and European Law 86 Sport Governance in Portugal 32 Marios Papaloukas Alexandre Miguel Mestre Sport Betting and its Regulation in China 89 Image Rights: the Albanian Perspective 38 Huang Shixi Denis Selimi Sports Betting in Singapore 91 Sports Image Rights in Bulgaria 39 Lau Kok Keng Boris Kolev Regulation of Sports Lotteries and Betting in Sports Image Rights in Estonia 45 Switzerland 93 Ermo Kosk Jérôme de Montmollin and Dmitry A. Pentsov Image Rights in Top Sport in Hungary 47 András Nemes and Réka Józsa OPINION Discrimination against EU Nationals in Sporting Just Cause and the Relating Amateur Sports 105 Jurisprudence of FIFA and CAS 110 Georg Engelbrecht Georgi Gradev Civil Liability in Sport: Aaron Ramsey 106 Compatibility of the FIFA 6+5 Rule Adam Whyte with EU Law 114 Daniel Kusch Transparency in Transfers 107 Angus Bujalski 2008/3-4 1 Morality Clauses in Sports Merchandising • The Island of Guernsey to Introduce New IP Agreements 119 Image Right Ian Blackshaw • The Lisbon Treaty is Finally Ratified • WADA to Introduce Blood Profiling The “Olympic cases”: CAS 2008/A/1622-1623- Programme to Catch Drugs Cheats: but what 1624, FC Schalke 04, SV Werder Bremen, FC about their Human Rights? Barcelona v. FIFA 121 • Chelsea Sporting Sanctions Frozen Pending Pere Lluís Mellado and Michael Gerlinger the Final Outcome of their Appeal to CAS • South Africa 2010 World Cup: FIFA Wins Comment on CAS 98/200 AEK Athens and Landmark ‘Ambush Marketing’ Case Slavia Prague v. UEFA 124 • Kicking Illegal Betting out of Football Ivan Cherpillod • UEFA Financial Fair Play Rules Should be Implemented without Delay AJ Auxerre v. Philippe Mexes and AS Roma • ‘OFCOM’ Orders Sky Sports to Make their CAS Award: Commentary 129 Coverage More Widely Available to Juan de Dios Crespo Pérez Broadcasters and Viewers Alike • Are Athletes Obliged to Accept the CAS 2004/A/593 - Football Association of Jurisdiction of the Court of Arbitration for Wales v. UEFA: Comment 133 Sport Ad Hoc Division for Settling their Tim Kerr Disputes at the Olympic Games? 135-150 Ian Blackshaw BOOK REVIEWS DOCUMENTS Sport, Mediation and Arbitration by Ian S New Players’ Agents Regulations in Turkey 153 Blackshaw Andy Gray • The Law of the Olympic Games by Alexandre Miguel Mestre 151 • Privacy and Personality Rights: Commercial Exploitation and Protection by Robert Deacon, Nigel Lipton and Robert Pinker 153 Ian Blackshaw O EDITORIAL In April and May 2010 respectively, seminars were held in Brussels ing two research studies: a Study on the Equal Treatment of Non- and The Hague seminars were held on the ECJ’s verdict in the Nationals in Individual Sports Competitions, which wais commis- Bernard case on training compensation in professional football. In sioned by the European Union,. and a Study on the Implementation this issue of ISLJ, Prof. Stephen Weatherill, University of Oxford, of the WADA Code in the European Union, which wais commis- presents an early comment. In their contribution, Roberto Branco sioned by the Flemish Ministry of Sport on behalf of the Belgian Martins, General Manager of EFAA (European Football Agents Presidency in the second half of 2010. In April this year the Asser Association) and Gregor Reiter, CEO of the German players’ agents Institute presented a project proposal on The Lisbon Treaty and EU association DFVV, provide an inside exploration from the inside Sports Policy in response to an invitation to tender which was explorofe the options that are open for the future (de)regulation of the announced by the European Parliament. The Study’s objective is to intermediary function in European professional football. provide a panorama of the possibilities of EU Sports Policy at a time Introducing the Chambre Arbitrale du Sport, Jean-Michel Marmayou, when such possibilitiesthese are being reviewed after the approval of Paul Cézanne University, Aix-Marseille III, expresses the wish that the Lisbon Treaty (Article 165). this French CAS will have sufficient legitimacy for its awards to con- On 17 February this year, the Asser/Edge Hill team delivered lectures tribute to the growth of arbitration case law and the development of at a workshop on “The Impact of the EU Acquis on Sport” that took general principles forming a kind of lex sportiva à la française. place in Ankara within the framework of the European Commission’s Further, this issue of ISLJ inter alia contains a pre-publication of sev- TAIEX instrument and was organized by the General Directorate of eral national contributions on sport governance, sports image rights, Youth and Sports of Turkey. The team previously took part in similar sports betting and CAS and football from corresponding books which workshops in Kiev (Ukraine) in November 2007, Tirana (Albania) in are dueplanned to appear in the Asser International Sports Law Series. April 2008, and Minsk (Belarus) in June 2009. Currently, the ASSER international Sports Law Centre is implement- The Editors 2 2008/3-4 The Olivier Bernard Case: How, if at All, to Fix ARTICLES Compensation for Training Young Players? by Stephen Weatherill* 1 Introduction sion governing free movement of workers, caught the matter at hand The list of sports-related judgments in EU law was extended in March - which it rather obviously did. And, referring to another instance of 2010. The decision of the Court of Justice of the European Union journeyman footballer turned legal milestone, the famous Bosman (CJEU - as it has been known since the entry into force of the Lisbon ruling 2, it also asked whether ‘the need to encourage the recruitment Treaty) in Olympique Lyonnais v Olivier Bernard and Newcastle United and training of young professional players constitute a legitimate 1 deals with payment of compensation in circumstances where a club objective or an overriding reason in the general interest capable of jus- that has invested in training young players finds that an emerging star tifying’ the French scheme - a much more tricky question. wishes to try his luck elsewhere. Against the background of the EU Treaty provisions governing free movement of workers the Court con- 3 The ruling of the CJEU firms that such restrictions on player mobility may be compatible The CJEU quickly placed its ruling in the mainstream of its sports with EU law - but the particular French rules challenged by Bernard law jurisprudence. Sport, it reminded us, ‘is subject to European are not. The judgment therefore accepts that sport is ‘special’, for such Union law in so far as it constitutes an economic activity’. It duly arrangements for compensating training would not
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