TAS - CAS Bulletin 2025-2

2025/02 Bulletin TAS CAS Bulletin Boletín del TASTRIBUNAL ARBITRAL DU SPORT/COURT OF ARBITRATION FOR SPORT/TRIBUNAL ARBITRAL DEL DEPORTE ___________________________________________________________________________

Bulletin TAS CAS Bulletin Boletín del TAS 2025/2

Lausanne 20251

Table des matières/Table of Contents/Indice de Contenidos

Editorial ......................................................................................................................................................................... 3

Articles et commentaires / Articles and Commentaries / Artículos y comentarios ......................................... 6

The FIFA Clearing House Under the Scrutiny of CAS Panels Salvatore Civale and Roberto Terenzio .............................................................................................................. 7

Sports Arbitration Under Threat Ulrich Haas, Heiner Kahlert and Antonio Rigozzi ........................................................................................ 16

Swiss Law in International Sports Disputes: Practical Examples and Outlook Giulio Palermo and Panagiotis A. Kyriakou .................................................................................................... 29

The United Nation Guiding Principles on Business and Human Rights and their Impact on the World of Sport Sylvia Schenk ........................................................................................................................................................ 53

Jurisprudence majeure / Leading Cases / Casos importantes............................................................................ 62

CAS 2021/A/8070

Gabriel Girotto Franco v. Al Hilal SFC 28 March 2023 ...................................................................................................................................................... 63

CAS 2023/A/9806

Santo Condorelli v. World Aquatics 10 June 2024 ......................................................................................................................................................... 91

CAS 2023/A/9827

Hapoel Tel Aviv FC v. Vasilije Bakic 26 November 2024 ............................................................................................................................................ 112

Santo Condorelli v. World Aquatics 10 June 2024 ......................................................................................................................................................... 91

CAS 2023/A/9827

Hapoel Tel Aviv FC v. Vasilije Bakic 26 November 2024 ............................................................................................................................................ 112

CAS 2023/A/10001

Fotbal Club CFR 1907 Cluj S.A. v. Roger Junio Rodrigues Figueira & St. Lörinc KFT & al. 24 September 2024 ............................................................................................................................................ 135

CAS 2023/A/10050

VšĮ Telšių Futbolo Ateitis v. FK Arsenal, OFK Grbalj, FK Budva & FIFA 12 November 2024 ............................................................................................................................................ 169

CAS 2023/A/10090

Ferencvárosi Torna Club v. HNK Rijeka 21 October 2024 ................................................................................................................................................ 204

CAS 2023/A/10129

General Souhail Khoury & General Mowafak Jomaa v. Olympic Council of Asia 16 December 2024 ............................................................................................................................................. 237

CAS 2023/A/10207

SC Dnipro-1 LLC v. Igor Jovicevic 3 December 2024 ............................................................................................................................................... 2572

CAS 2024/A/10431

Yeni Mersin Idmanyurdu Futbol A.S. v. Milan Mitrovic & FIFA 21 November 2024 ............................................................................................................................................ 275

CAS 2024/A/10514

Sporting du Pays de Charleroi v. FIFA 12 November 2024 ............................................................................................................................................ 320

CAS 2024/A/10570

Association Russian Anti-Doping Agency (RUSADA) v. Albert Batyrgaziev 3 December 2024 ............................................................................................................................................... 334

CAS 2024/A/10831

Antani Ivanov v. Anti-Doping Centre of the Republic of Bulgaria

Association Russian Anti-Doping Agency (RUSADA) v. Albert Batyrgaziev 3 December 2024 ............................................................................................................................................... 334

CAS 2024/A/10831

Antani Ivanov v. Anti-Doping Centre of the Republic of Bulgaria 4 June 2025 .......................................................................................................................................................... 354

Jugements du Tribunal fédéral / Judgements of the Federal Tribunal / Sentencias del Tribunal federal

4A_372/2024, A. c. B. 12 décembre 2024 .............................................................................................................................................. 393

4A_374/2024, A. c. B. 12 décembre 2024 .............................................................................................................................................. 395

4A_28/2025, A. c. Fédération Internationale de Football Association 3 mars 2025 ......................................................................................................................................................... 397

Informations diverses / Miscellanous / Información miscelánea ................................................................... 406

Sélection de publications récentes relatives au TAS /Selected recent CAS publications/ Selección de publicaciones recientes del CAS ...................................................................................................................... 4073

Editorial

In this second edition of the CAS Bulletin for 2025, a few amendments to the Code of Sports-related Arbitration (the CAS Code) and to the schedule of costs adopted by the International Council of Arbitration for Sport (ICAS) at its last meeting on 28 May 2025 are highlighted. These new rules entered into force on 1 July 2025 (https://www.tascas.org/fileadmin/user_upload/CAS_Code _2025_EN__amendments_.pdf & https://www.tascas.org/fileadmin/user_upload/Schedule_o f_costs_2025_EN__amendments_.pdf).

In a nutshell, (i) the use of facsimile communication is no longer considered and has been removed from the CAS Code; (ii) The role of CAS in -house clerks is formally

f_costs_2025_EN__amendments_.pdf).

In a nutshell, (i) the use of facsimile communication is no longer considered and has been removed from the CAS Code; (ii) The role of CAS in -house clerks is formally included alongside ad -hoc clerks in both ordinary and appeal proceedings. Except for procedures free of charge, their fees, whether for in -house or ad -hoc clerks, will now be part of arbitration costs and calculated according to the CAS fee scale; (iii) Expedited procedures for ordinary cases have been clarified, notably agreements between par ties on procedural time limits must receive prior approval from the Division President or the Panel; (iv) Article R59 has also been clarified and the maximum 4-month time limit to render awards has been confirmed. Importantly, the general 3-month time limi t, which could be extended indefinitely, between the constitution of the Panel and the notification of the award, has been abolished and replaced by a general duty for the Panel to conduct the procedure within a reasonable time frame (also applicable to or dinary procedures); (v) A contribution requirement for CAS -related expenses has been introduced, including travel and accommodation costs for CAS counsels. These charges will be applied in accordance with the CAS Schedule of Arbitration Costs, with parties receiving prior notice. This change applies exclusively to new cases registered from 1 July 2025; ongoing cases will continue under the current fee structure.

Beyond these amendments to the CAS Code, a new effort will be made with respect to training and information dedicated to CAS members. In addition to the existing CAS seminars and workshops, the CAS will organize regular workshops/webinars for current CAS a rbitrators/mediators. Four workshops will be organized every year (one every quarter) with the possibility to attend in person or live via internet.

seminars and workshops, the CAS will organize regular workshops/webinars for current CAS a rbitrators/mediators. Four workshops will be organized every year (one every quarter) with the possibility to attend in person or live via internet.

Moreover, except for national football disputes, which remain covered by the Football Legal Aid Fund (FLAF), Legal Aid is now available exclusively for international cases.

From a digital perspective, a new CAS website will be launched soon, along with a dedicated CAS App that offers direct access to recent arbitral awards and complementary information beyond the CAS website.

Furthermore, the second edition of the Commentary “The Code of the Court of Arbitration for Sport” is now available (https://lawstore.wolterskluwer.com/s/product/thecode-of-the-court-of-arbitration-for-sport2e/01tPg00000BQkqdIAD?srsltid=AfmBO oo86n75xy_h9SbASuR_PSMWPiqgvpI6Jne esI5GMY-tWzVJBjSr).

On 10 July 2025, the Grand Chamber of the European Court of Human Rights issued its final decision in the case Caster Semenya v/ Switzerland. The ECHR Grand Chamber has rendered a judgment at the opposite of the

ECHR first instance:

1. The claim filed by Caster Semenya is declared inadmissible with respect to discrimination issues (due to the absence of any direct link between

Semenya and Switzerland).4

2. The Court considers that the Swiss Federal Tribunal (SFT) violated Art. 6 §1 of the Convention (right to a fair hearing) because it did not make a “particularly rigorous examination of the case”.

This judgment creates a new jurisprudence

2. The Court considers that the Swiss Federal Tribunal (SFT) violated Art. 6 §1 of the Convention (right to a fair hearing) because it did not make a “particularly rigorous examination of the case”.

This judgment creates a new jurisprudence on Article 6 § 1 ECHR, concerning the right to a fair hearing, which normally relates exclusively to procedural rights; now, there is a duty for national courts to make a particularly rigorous examination of the ca se (which means analyzing the merits of the case) when the fundamental civil rights of a person are affected.

Importantly, on 1 August 2025, the International Council of Arbitration for Sport (ICAS) acknowledged the ruling by the Court of Justice of the European Union (CJEU) in the case Royal Football Club Seraing v. FIFA et al (Case C -600/23), confirming the review of CAS arbitral awards that concern rules of EU public policy by European state courts. The Seraing decision is in continuation of previous CJEU jurisprudence and in line with the International Convention on the Recognition and Enforcement of Foreign Arbitral Awards (i.e. The New York Convention). ICAS also acknowledged recognition by the CJEU that sports arbitration is a legitimate mechanism ensuring a uniform treatment of sporting disputes and a consistent application of sporting rules. CAS resolves sp orting disputes worldwide and already applies EU law when required. In fact, whilst most cases before CAS concern contractual and disciplinary issues not governed by EU law, matters related to EU competition law can already be challenged before EU state courts following a previous CJEU judgement (Case International Skating Union C-124/21).

This edition of the Bulletin features four scholarly articles. The first, “The United Nations Guiding Principles on Business and Human Rights and Their Impact on the World of Sport,” is authored by CAS

following a previous CJEU judgement (Case International Skating Union C-124/21).

This edition of the Bulletin features four scholarly articles. The first, “The United Nations Guiding Principles on Business and Human Rights and Their Impact on the World of Sport,” is authored by CAS arbitrator Sylvia Schenk. The second, by CAS arbitrator Giulio Palermo and Panagiotis Kyriakou, provides an analysis of the implications of Swiss law in international sports disputes. The third, co -authored by Salvatore Civale and Roberto Terenzio, examines the FIFA Clearing House under CAS scrutiny. The fourth, “Sport Arbitration Under Threat”, by Ulrich Haas, Heiner Kahlert and Antonio Rigozzi, notably criticize the Advocate General’s Opinion in the Seraing case as incompatible with the New York Convention.

Twelve significant cases have been selected in this issue, including eight football -related disputes and four related to other sports.

In football, case 10050 (VšĮ Telšių Futbolo Ateitis v. FK Arsenal, OFK Grbalj, FK Budva & FIFA) examines the Electronic Player Passport (EPP) procedure and establishes that the consequences of noncompliance with the FIFA Clearing House Regulations must be clearly articulated and communicated to clubs. Case 10514 (Sporting du Pays de Charleroi v. FIFA) addresses the issue of standing to be sued in the context of training compensation claims. In 10207 (SC Dnipro -1 LLC v. Igor Jovicevic), the validity of unil ateral contract extension clauses is analyzed and criteria to assess their enforceability are set out. In case 9827 (Hapoel Tel Aviv FC v. Vasilije Bakic), the legal status of employment contracts’ offers, and the implications of nonJovicevic), the validity of unil ateral contract extension clauses is analyzed and criteria to assess their enforceability are set out. In case 9827 (Hapoel Tel Aviv FC v. Vasilije Bakic), the legal status of employment contracts’ offers, and the implications of noncompliance are explored. Case 10001 (Fotbal Club CFR 1907 Cluj S.A. v. Roger Junio Rodrigues Figueira, St. Lörinc KFT & FC Uta Arad) deals with clubs’ rights related to squad selection and just cause for contract termination. Case 10431 (Yeni Mersin Idmanyurdu Futbol A.S. v. Milan Mitrovic & FIFA) presents an in -depth analysis of the principle of sporting succession, outlining key factors and their legal hierarchy. In 10090 (Ferencvárosi Torna Club v. HNK Rijeka) the implications of a wire fraud scheme in the context of a player transfer are considered. Finally, in case 8070 (Gabriel Girotto Franco

1. Al Hilal S.FC), the formation of employment contracts and the doctrine of5

culpa in contrahendo (pre -contractual liability) are addressed.

Notable decisions were issued in other sports. In case 9806 (Santo Condorelli v. World Aquatics), the Panel addresses for the first time World Aquatics’ new regulations on changes of sporting nationality, particularly the mandatory waiting period. The boxi ng case 10570 (RUSADA v. Albert Batyrgaziev) clarifies the athlete’s status in a doping context for the purposes of CAS jurisdiction. Governance-related case 10129 (General Souhail Khoury & General Mowafak Jomaa

1. Olympic Council of Asia) assesses the validity of the election process for the presidency of the Olympic Committee of

context for the purposes of CAS jurisdiction. Governance-related case 10129 (General Souhail Khoury & General Mowafak Jomaa

1. Olympic Council of Asia) assesses the validity of the election process for the presidency of the Olympic Committee of Asia, while also addressing procedural concerns. The doping case 10831 (Antani Ivanov v. Anti -Doping Centre of the Republic of Bulgaria) examines violations involving competition participation during periods of ineligibility.

This issue also includes excerpts from recent Swiss Federal Tribunal (SFT) rulings on CAS decisions. In judgments 4A_372/2024 and 4A_374/2024, the appeals were declared inadmissible due to the appellants’ failure to elect a Swiss address for service (Artic le 39 para. 3 LTF) and to pay the advance court costs within the grace period. In judgment 4A_28/2025, the appeal - based on an alleged violation of the right to be heard (Article 190 para. 2(d) PILA) due to the Panel’s refusal to hear additional potential victims - was also dismissed.

I wish you a pleasant reading of this new edition of the CAS Bulletin.

Matthieu Reeb CAS Director General6

_________________________________________________________________________________________ Articles et commentaires Articles and Commentaries Artículos y comentarios7

__________________________________________________________________________________ The FIFA Clearing House Under the Scrutiny of CAS Panels Salvatore Civale and Roberto Terenzio __________________________________________________________________________________

I. Introduction

II. How does the FCH work?

III. CAS jurisprudence relating to FCH and waiver of training compensation

IV. Analysis and Conclusions ___________________________________________________________________________

I. Introduction

In 2018, the Fédération Internationale de Football Association (“FIFA”) reformed the transfer

III. CAS jurisprudence relating to FCH and waiver of training compensation

IV. Analysis and Conclusions ___________________________________________________________________________

I. Introduction

In 2018, the Fédération Internationale de Football Association (“FIFA”) reformed the transfer system (which relates to training compensation and solidarity mechanism) in order to promote and protect the integrity of professional football, a crucial aspect of which was the introduction of the FIFA Clearing House (“FCH ”).1 The FCH is a payment institution established in Paris (France), which began its operations on 16 November 2022. It acts as an intermediary for payments related to training compensation and the solidarity mechanism (“Training Rewards”), as regulated by Articles 20 and 21, and Annexes 4 and 5 of the FIFA Regulations on the Status and Transfer of Players (“RSTP”).

More precisely, training compensation and solidarity contribution must be paid when an international transfer of a player occurs.

More precisely:

Attorney-at-law, name Partner of Studio Civale sports law firm, founding member and President of the Italian Sports Lawyers Association (AIAS). Attorney-at-law, member of the Board of director of the Italian Sports Lawyers Association (AIAS), member of the Legal Affairs Commission of the Italian Referees Association (AIA). 1 FIFA already started a process of automation of the proceedings related to solidarity contribution and training compensation by approving an innovative electronic system through the TMS, at that time, to manage such kind of disputes. The Circular letter n. 1500 dated 4 September 2015 defined the new procedural framework. This review analysed it in: (i) Salvatore Civale, “L'Indennità di formazione e il (a) Training compensation refers to the fees paid by the new club to the former club(s) which trained a player between the ages of 12 and 21. This concept aims to maintain

Salvatore Civale, “L'Indennità di formazione e il (a) Training compensation refers to the fees paid by the new club to the former club(s) which trained a player between the ages of 12 and 21. This concept aims to maintain a competitive balance between clubs and allows the training clubs to continue to select, instruct and promote the professional career of youth talents, knowing that they will be fairly compensated for their efforts.2

(b) Solidarity mechanism refers to the payment made on a player’s transfer (before expiry of the contract) by a new club to the player’s former clubs which contributed to that player’s training and education between the ages of 12 and 23. Such clubs are rewarded with a portion of the relevant transfer fee.3

FCH’s specific objectives inter alia are to: (i) process and centralise specific payments related to the transfer of football players between clubs;4 (ii) protect the integrity of the football transfer system; (iii) enhance and promote financial transparency in the contributo di solidarietà nei trasferimenti internazionali dei calciatori alla luce della Circolare FIFA n. 1500”, RDES 2/2015, p. 117 -16; and (ii) Jan Kleiner, César Chaparro Yedro, Vincenzo Sarcì, Rodrigo Tittoto,“FIFA Clearing House: Una Pietra Miliare Per il Sistema di Trasferimento dei Calciatori”, RDES XIX/2023, p. 79-91. 2 CAS 2017/A/5103 Valletta FC v. Apollon Limassol , award of 12 June 2018, para. 50. 3 See, Articles 20 and 21 and Annexes 4 and 5 of the FIFA RSTP; Achta Mahamat Saleh, Omar Ongaro &

award of 12 June 2018, para. 50. 3 See, Articles 20 and 21 and Annexes 4 and 5 of the FIFA RSTP; Achta Mahamat Saleh, Omar Ongaro & Marko Lavs, “The FIFA Clearing House”, Morgan Sports Law, 6 November 2023. 4 This purpose was highlighted in CAS 2023/A/9682 Tuzlaspor A.S. v. FIFA, US Thionville Lusitanos et al , award of 22 April 2024, para. 12.8

football transfer system; 5 and (iv) prevent fraudulent conduct in this system.6

The FCH framework is governed by the FIFA Clearing House Regulations (“FCHR”), the RSTP, and the FCH Terms and Conditions (which a club is deemed to accept while receiving / paying the Training Rewards).7 FIFA has also developed its FCH website to assist its member associations and clubs to streamline and adhere to the obligations and processes contained therein,8 as well as released Explanatory Notes on the FCH.9

II. How does the FCH work?

Since the introduction of the FCHR — unlike the previous rules — the obligation to pay Training Rewards lies strictly with the new club (engaging club), even if there are agreed contractual provisions to the contrary. This position is codified in Article 1 para. 5 of Annex 5 to the RSTP and Article 13 of the FCHR, and confirmed by FIFA jurisprudence.10

Essentially, the FCH is a simplified jointstock company 11 registered in the National

5 This purpose was highlighted in CAS 2023/A/9730 FK Erzeni v. FC 2Korriku & FIFA , award of 22 April 2024, para. 73. 6 Article 1.2 of the FIFA Clearing House Regulations.

5 This purpose was highlighted in CAS 2023/A/9730 FK Erzeni v. FC 2Korriku & FIFA , award of 22 April 2024, para. 73. 6 Article 1.2 of the FIFA Clearing House Regulations. 7 FIFA Clearing House Terms and Conditions, November 2022 edition. 8 FIFA Clearing House website. 9 Explanatory Notes on the FIFA Clearing House, October 2024 edition. 10 PSC, FPSD-14102 dated 25 June 2024, DRC, TMS 9640 dated 11 February 2024. 11 “Société par actions simplifiée (SAS)” in French. Its legal structure is provided for under articles L227-1 to L227-20 of the French Commercial Code. 12 French Republic National Business Register L’Annuaire des Entreprises https://annuaireentreprises.data.gouv.fr/dirigeants/908028715. See also, National Institute of Industrial Property (INPI) data on FCH https://data.inpi.fr/entreprises/908028715. 13 It has two establishments, out of which one is active – and currently has 7 directors. 14 Article 3.1 of the FIFA Clearing House Regulations. 15 See articles 4 and 5 of the FIFA Clearing House Regulations. In particular, article 4 “4.3 Each member association shall: a) use an electronic player registration system, integrated with the FIFA Connect ID Service and FIFA Business Register of France,12 that started its activity on 6 December 2021. 13 It functions as a centralised intermediary (independent to FIFA)14 with respect to processing of payments related to Training Rewards. The functioning of FCH relies on rules and procedures provided by the FIFA’s Transfer Matching System (“TMS”) and the national federations’ electronic transfer and registration systems – which are required to be integrated to the TMS. Accordingly, the

payments related to Training Rewards. The functioning of FCH relies on rules and procedures provided by the FIFA’s Transfer Matching System (“TMS”) and the national federations’ electronic transfer and registration systems – which are required to be integrated to the TMS. Accordingly, the FCHR obliges FIFA’s associations and clubs to provide the necessary information. In particular they “shall use an electronic player registration system, an electronic domestic transfer system, TMS, the FIFA Connect ID Service, and the FIFA Connect Interface to communicate registration and transfer information electronically to

FIFA”.15

The FCH’s functions can be divided into four stages: (i) identification of the entitlement to training bonuses; (ii) creation of an electronic player passport (“EPP”); (iii) compliance checks; and (iv) transfer of payments between clubs via the FCH.16

The starting point is when these Training Rewards get triggered, which is in one of the Connect Interface, to register players; and b) use an electronic domestic transfer system, integrated with the FIFA Connect Interface, to process national transfers. 4.4 Each member association shall maintain accurate and upto-date player registration data in its electronic player registration system and the FIFA Connect ID Service at all times, including, without limitation, the following information: a) the status of the player in accordance with article 2 of the RSTP; b) the type(s) of football (11 -a-side football, futsal, and/or beach soccer) that the player is registered to participate in; and c) the category of the club(s) with which the player is registered. 4.5 Each member association shall maintain accurate and upto-date data regarding its affiliated clubs (whether current or former) in its electronic player registration system and the FIFA Connect ID Service at all times, including, without limitation, the following information: a) address and contact details; b) current and historical data regarding club categorisation; and c)

to-date data regarding its affiliated clubs (whether current or former) in its electronic player registration system and the FIFA Connect ID Service at all times, including, without limitation, the following information: a) address and contact details; b) current and historical data regarding club categorisation; and c) current and historical data regarding the affiliation to the member association”. 16 See, Alessia Murgia, “FIFA Clearing House: How does the new training rewards distribution system work?”, https://regoledelgioco.gazzetta.it/2022/11/26/fifaclearing-house-come-funziona-il-nuovo-sistema-didistribuzione-dei-premi-di-formazione/.9

following instances: (a) first registrations as a professional at domestic level; (b) first registrations as a professional arising from an international transfer; (c) national transfers of players with transfer compensation; (d) payments of transfer compensation in national transfers of players; and (e) international transfers.17

Once the Training Rewards are triggered, TMS will identify the player transfers that may qualify for Training Rewards under the regulation of the RSTP. Following this, TMS will generate a provisional EPP for the relevant player. 18 During this timelapse, a member association may request to include an affiliated club in the review process, following which the FIFA General Secretariat (“Secretariat”) will assess the EPP for accuracy and relevance. 19 Subsequently, the Secretariat will open an EPP review process on TMS and invite the relevant member associations and \or clubs to participate and provide necessary documentation to sustain their right to Training Rewards and/or waivers obtained for such c laims.20 In complex cases, the Secretariat will refer the matter to FIFA’s Dispute Resolution Chamber (“DRC”). 21 The Secretariat will then evaluate any request to amend registration information. Post such

documentation to sustain their right to Training Rewards and/or waivers obtained for such c laims.20 In complex cases, the Secretariat will refer the matter to FIFA’s Dispute Resolution Chamber (“DRC”). 21 The Secretariat will then evaluate any request to amend registration information. Post such evaluation, an allocation statement (“Allocation Statement”) is automatically calculated by TMS based on the final EPP, including the amount(s) to be distributed t o training clubs, following which the Secretariat will notify the final EPP and the Allocation Statement to all parties in the EPP review process.22

17 See, 4a of the Explanatory Notes on the FIFA Clearing House. 18 Article 8.1 of the FIFA Clearing House Regulations. 19 Articles 8.2, 8.3 and 8.4 of the FIFA Clearing House Regulations. 20 Article 9 of the FIFA Clearing House Regulations. 21 Article 10.3 of the FIFA Clearing House Regulations. 22 Article 10 of the FIFA Clearing House Regulations. 23 Article 10.5 of the FIFA Clearing House Regulations. Timelines are connected to the FIFA The relevant member associations and clubs have an opportunity to appeal such notification to the Court of Arbitration for Sport (“CAS”) within 21 days.23 At this stage, the new club is required to attach its proof of payment(s) of the national or international transfer on TMS, and such amount shall be assumed (for the purpose of the Allocation Statement) by the TMS to reflect the transfer compensation or the instalment thereof.24

While the abovementioned process is ongoing, the Secretariat also sends the final EPP and the Allocation Statement (including bank details) to the FCH, which will conduct a compliance assessment (which is mandatory for all parties involved) for payment pro cessing in order to ensure that national and international financial regulations are observed – including any

EPP and the Allocation S