Seraing against fifa, towards new: This article explores the topic in depth.
In addition,
Seraing against fifa. Similarly, towards new:
Seraing against FIFA, 10 years of judicial problems
On January 29, 2015, the Seraing club (then Seraing United) concluded a cooperation agreement with the Maltese investment fund Doyen Sports. Nevertheless, In exchange for 300. Nevertheless, 000 euros payable in three deadlines, Doyen acquires 30% economic rights of players Erwin Senakuku, Lilian Bochet et Axel Bonemme.
Football Leaks reveal another mechanism: if Seraing refuses a transfer offer of at least 500. Similarly, 000 euros while Dean and the player accepted it, the club must pay 30% of this sum to Dean. Furthermore, July 7. Consequently, 2015, An agreement similar to that of January 30, 2015, of 25% of the economic rights of the Portuguese median Pedro Nuno Ferraz Pereirais also signed.
However. For example, since January 2015, the executive committee of FIFA has prohibited the seraing against fifa, towards new third property (TPO), that is to say the possibility for third parties to acquire part or all of the economic rights of a player. Similarly, This agreement between Seraing. Dean is not to the taste of the FIFA disciplinary committee, which inflicts in September 2015 a fine of 150,000 Swiss francs (136,743 euros) at the Seresian club and the prohibition of transfers for four mercatos.
A heavy sanction that the RFC Seraing tries to challenge by all means. In February 2016, the FIFA appeal commission rejected the club’s call and confirmed these sanctions. The Sports Arbitral Tribunal (CAS). passing imposed by FIFA when you wish to contest its decisions, then concludes that the new FIFA settlement articles prohibiting third property are legal with regard to European Union law.
The heap still reduces the prohibition to transfer inflicted on Seraing on three Mercatos. This does not satisfy the Seresian club which seraing against fifa, towards new turns to the Swiss Federal Court (FIFA having its headquarters in Zurich) to obtain the cancellation of this arbitral award. without success.
Belgian jurisdictions seized
From 2015, Dean Sports also turns to Belgian jurisdictionswith the support of the RFC Seraing. Before the French -speaking Commercial Court of Brussels. the Maltese investment fund wishes to recognize the illegality of the total prohibition of third property mechanisms with regard to European Union law, especially in terms of free movement of capital and free provision of services.
On November 17. 2016, the court declared itself incompetent, explaining that Belgian law attributes the authority of res judicata to certain types of commercial arbitral sentencesincluding those of the job. This means that these decisions, when final, can no longer be called into question.
The RFC Seraing then appealed before the Brussels Court of Appeal. He obtained a first major victory there on August seraing against fifa, towards new 31. 2018: through a judgment, the Court of Appeal considers that The clauses of the statutes of FIFA, UEFA and the national football federations imposing the use of the CAS is illegal, an arbitration can only exist on the basis of a real consent of the parties. But the Court of Appeal rejects the appeal against the decision of the Commercial Court on December 12, 2019.
Always convinced of its right. the RFC Seraing bears the case before the Court of Cassation, which sits at the top of the Belgian judicial pyramid. Being dealing with European standards. the court decides to lay two questions preliminary to the Court of Justice of the European Union in September 2023.
Objective: Knowing whether. not the law of the EU opposes whether the authority of res judicata is recognized as an arbitral sentence (that of the CAS) which has been the subject seraing against fifa, towards new of an examination only by a court of a State which is not a member of the European Union (Switzerland). Let us recall that the TAS therefore judged the conformity of the rules of FIFA with regard to European. Union law when it is established outside the EU.
On January 16, 2025, the CJEU general lawyer therefore made his conclusions. It is now up to the Court to decide …
Seraing against fifa, towards new
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