FIFA and COVID-19: a legal analysis of FIFA’s guiding principles by Frans de Weger & Arne Al

In this article Frans de Weger and Arne Al will focus on the regulatory and legal issues for FIFA member associations deriving from the COVID-19 virus outbreak and provide an overview of FIFA’s amendments and temporary suspension of provisions of the FIFA RSTP, as detailed in FIFA Circular no. 1714. As FIFA has also declared the COVID-19 pandemic to be a force majeure event, the authors will also discuss the legal concept of force majeure in light of the relevant published case law of the…

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FIFA intermediary and transfer regulations reform

Last Wednesday the FIFA Stakeholders Committee accepted a number of proposals aimed at transforming the transfer market and establishing tighter regulatory control of football agents and the loan system. The proposals include the reintroduction of an agent licensing system, a continuous education scheme (so as to ensure agents are up to speed on all pertinent industry / legal developments related to their business activities), a FIFA-monitored dispute resolution system, and a clearing house,…

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FIFA’s new Disciplinary Code offers intermediaries tools to enforce their claims

In 2015 FIFA announced in Circular no. 1468 that ‘FIFA will not be competent to hear disputes involving intermediaries’. Recalling art. 64 FIFA Disciplinary Code (FDC) 2017:  “Anyone who fails to pay another person (such as a player or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee or an instance of FIFA or a subsequent CAS appeal decision (financial decision), or anyone who fails to comply with another decision (non-financial) passed by a…

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Changes to the FIFA Disciplinary Code

After almost 15 years without any major changes to its Disciplinary Code, today on 15 July 2019 the new FIFA Disciplinary Code has come into force. Remarkable changes took place on several topics. Racism FIFA introduced four updates regarding the zero-tolerance principle on racism and any form of discrimination in article 13, namely. 1. The scope, definition and content of FIFA’s anti-racism and anti-discrimination vision have been fully aligned with the highest international standards. The…

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Mr Frans de Weger reappointed as member of the CAS

BMDW Advocaten is pleased to announce that our partner and attorney-at-law Mr Frans de Weger is reappointed as member of the CAS for a four-year period (2019 - 2022). Frans de Weger is placed by the ICAS on the CAS general list' as well as on the so-called 'CAS football list'.

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By Frans de Weger & Thibault Dochy BMDW Advocaten Introduction Whilst the impact of Brexit on the FIFA Regulations on the Status and Transfer of Players (RSTP) 2018 Edition is not an issue at the top of the priority list of the UK and EU negotiators and policy makers, it is one which could have a significant impact on the world of football. It is still not clear as to what will be the final deal between the UK and the EU; however, as it edges closer towards 29 March 2019, the date for…

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Wijzigingen FIFA RSTP per 1 juni 2018

Per vandaag (1 juni) is de nieuwste versie van de FIFA Regulations on the Status and Transfer of Players (RSTP) in werking getreden. De wijzigingen die zijn doorgevoerd in de RSTP zien met name op de contractuele relatie tussen spelers en clubs. Daarnaast is er een relevante wijziging doorgevoerd in de nieuwe RSTP met het oog op een efficiënter verloop van FIFA’s geschillenbeslechting procedure. Tot slot is van belang om te vermelden dat per vandaag ook de nieuwe FIFA Disciplinary Code in…

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