organiser of the European Champions League and Europa League, two European club competitions. The ESL would have been a challenge to these and it raises the tough question of permission under competition laws of a breakaway league.
Then there is the issue of players taking part in non-authorised events. The most recent EU case law on this is the International Skating Union banning athletes taking part in none ISU events. The EU General Court in 2020 found this to be a breach of Article 1010 TFEU…although an appeal is underway.
That deals with the EU aspect! It is however, possible that any dispute with the ESL could have gone on to the Court of Arbitration for Sport (‘CAS’) in Lausanne, Switzerland. UEFA & FIFA laws allow this…and it probably would have been the most likely route for many disputes.
I’d next like to look at employment laws. A possible ban on players in the ESL from playing in European and international competitions organised by UEFA and FIFA, could be seen as a ‘…restraint of trade…’ in England and as the players for the clubs…indeed many of the coaching staff as well…would be penalised for actions which their clubs seem unlikely to have informed them about. It could be seen as a likely cause for breach of contract between the players and the English clubs of the ESL. The EPL handbook contains a standard clause in a players contract which includes an obligation for clubs to follow and abide by FA, UEFA & FIFA rules. The only issue, is that players may choose not to undertake such action, as there is a limited number of clubs willing to pay the salaries of top EPL players.
By the 21st of April, all six English clubs had withdrawn from ESL. UEFA has fined all six English clubs involved7
due to the ESL. Watch this space! , being careful as they could be to
not to punish the fans, staff or the players of the clubs. Yet that is not all. The clubs who left the ESL may be liable to breach of contract fines of GBP 130 million8
Though this situation may have been…well…let’s say…dealt with for now, it will no doubt surface once again, at some future date. You just know it will…when the sums of money that football generates…are involved.
I am grateful to the law firm CMS in their invaluable help in providing the information used in putting this article together.
Eddie Tofpik E:
eddie.tofpik@
admisi.com T: +44(0) 20 7716 8201
7
https://www.bbc.co.uk/sport/football/57031372 8 Daily Business, 23rd April 2021
https://archive.is/a1Fe7
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