Court of Justice of the European Union delivers landmark ruling: Clubs and players have the right to obtain effective EU judicial review of arbitral awards made by CAS

The Court of Justice of the European Union (CJEU) has issued another landmark ruling for the sports industry today. The Court has ruled that the courts or tribunals of the Member States must be able to carry out an in-depth review of arbitral awards for consistency with the fundamental rules of EU law.

Clifford Chance Litigation & Dispute Resolution partner Fernando Irurzun has acted as co-counsel before the CJEU, together with EU Sports Counsel Jean Louis Dupont and Martin Hissel, in the defence of a claimant club. Fernando comments, “this judgment strengthens, guarantees and completes the framework for the application of European Union law in sports”.

Global co-head of Entertainment & Sports, Luis Alonso adds, "this groundbreaking decision, fully consistent with the Super League case law, reiterates that professional sports, like any other industry, are equally subject to the rule of law and the fundamental rights and freedoms that are the pillars of the European Union. The Super League ruling recognised the clubs' right to organise and run their own competitions in equal footing with international sport bodies, and this new landmark ruling restores the clubs and players' capacity to fully protect their rights before EU Courts, as is of course the case for any other industry”.