EU Court Allows National Review of Court of Arbitration for Sport Rulings

The European Court of Justice ruled that national courts within the EU must be allowed to conduct in-depth judicial reviews of decisions made by the Court of Arbitration for Sport (CAS) to ensure compliance with EU law. This ruling challenges the long-standing system where CAS decisions, especially those related to sports disputes like those involving FIFA, were considered final and only subject to limited procedural appeals in Switzerland. The case prompting this decision involved Belgian club RFC Seraing, which contested FIFA's sanctions upheld by CAS, arguing that FIFA's rules and the arbitration process violated EU public policy and fundamental rights. The Court emphasized that arbitration should not undermine the legal protections guaranteed by the EU for athletes, clubs, and others engaged in sports-related economic activities. As a result, this enables national courts in EU member states to thoroughly examine CAS awards for consistency with EU law and public policy, potentially reshaping the international sports dispute resolution framework. FIFA and CAS have yet to comment on this significant shift in the authority and finality of sports arbitration rulings.