'Tu CASa no es mi casa’: Is the Autonomy of EU Law Looming over Sport Arbitration?
Journal
European Foreign Affairs Review
ISSN-Digital
1384-6299
Type
journal article
Date Issued
2025-05-01
Author(s)
Abstract
This article examines whether arbitral proceedings before Arbitral Panels established under the procedural rules of the Court of Arbitration for Sport (CAS) breach the interpretative monopoly of the Court of Justice of the European Union (CJEU) over the definitive interpretation of EU law. As a starting point, the contribution briefly outlines the relationship between the Union’s legal order and sports rules up to the judgment of the CJEU of December 2023 in International Skating Union (ISU) v. Commission, whose findings concerning competition law are scrutinised in view of the case law of CJEU on the autonomy of Union law. In this respect, it concludes that incompatibility with the latter principle cannot be ruled out due to the exclusive jurisdiction of the Swiss Federal Supreme Court (FSC) to hear appeals against CAS awards within the scope of the EU treaties. In conclusion, the article discusses select possibilities designed to ensure, on the one hand, unity and consistency in the interpretation of international sports rules and, on the other hand, respect for the autonomy of EU law.
HSG Classification
contribution to scientific community
Refereed
Yes
Publisher
Kluwer Law International BV
Volume
30
Number
Issue 1
Subject(s)
Division(s)
File(s)![Thumbnail Image]()
Name
EERR2025014.pdf
Size
306.96 KB
Format
Adobe PDF
Checksum (MD5)
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