QUARTERLY INTERNATIONAL SPORTS LAW NEWSLETTER – JANUARY 2025

Welcome and Aims
We welcome readers to the second issue of our International Sports Law Newsletter, which appears quarterly, and aims to update you on developments and activities in our sports law practice.
Please subscribe to our Newsletter by clicking here, completing and submitting the Newsletter Subscription Form.

Developments at the Firm
We are pleased to report the following new developments at our Law Firm:
Felix M. Mathis

We are delighted to welcome Felix Mathis as a member of our team with effect from 1 January this year.
Felix is a very experienced and leading corporate and commercial lawyer and litigator and recognised as such by the IFLR 1000 World’s Leading Lawyers Guide.
He joins us from a major Swiss Law Firm and is a member of the Swiss and Zurich Bar Associations.
He also holds a Master’s Degree in Comparative Law from New York University and is a member of UIA (International Union of Advocates).
Dr Lucien Valloni, Founder and Managing Partner stated: “Felix adds gravitas to our Law Firm and his in-depth knowledge and extensive experience of corporate and commercial law will be an invaluable asset for our Firm and our clients.”

New Milan Office
We are very pleased to announce that, with effect from February 2025, we are able to offer Swiss legal services directly in Italy, in the heart of Milan, the commercial capital of Italy, in, what we believe, is a first and unprecedented move.
In another exciting move and also with effect from February 2025, we are strengthening our international expertise in Employment Law through a Strategic Partnership with Nius Legal and HR Solutions, a young, dynamic and premier Law Firm in this field of legal practice and also located in Milan.
This Partnership is a testament to our enduring commitment to deliver innovative, quality, and client-centred professional legal services.
For more information and enquiries regarding these developments, please contact us by e-mail at ‘milan@valloni.ch’.

Navigating Legal Challenges in Motorsport Litigation
We would bring to our readers‘ attention two significant legal proceedings officially published on the RACB (Royal Automobile Club of Belgium) website (www.racb.com), arising from the Fanatec GT World Challenge Europe event in Barcelona on 12 October 2024.

During Race 1, confusion occurred over the opening of the pit stop window during a safety car procedure. The race director, acting in the interests of safety, decided not to delay the pit stop window despite the ongoing safety car situation. The competition was governed by the Fanatec GT World Challenge Europe powered by AWS Sporting Regulations 2024, which outlined the event’s sporting rules. Emil Frey Racing (EFR), along with other teams, argued that this decision violated Article 20.5.2 of the sporting regulations.

The appeal procedure was regulated by Article 15 of the FIA International Sporting Code, which imposes strict procedural requirements for lodging appeals. Notably, Article 15.4.2.a states that teams must, „under pain of forfeiture of their right to appeal, notify the stewards in writing of their intention to appeal within one hour of the publication of the decision.“

Moreover, Articles 14.2 and 14.3 of the Fanatec GT World Challenge Europe Regulations require teams to stay connected and continuously monitor the Digital Notice Board and the Team Messaging System throughout the event.

EFR found itself in a complex dual role. On the one hand, EFR acted as an appellant challenging the Stewards‘ decision, but their appeal was ultimately dismissed due to procedural shortcomings, specifically failing to meet the strict deadline. By jointly applying Articles 14.2 and 14.3 of the Fanatec GT World Challenge Europe Regulations and Article 15 of the FIA Code, the Court ruled that EFR could not justify its failure to submit its intention to appeal within the one-hour time limit, as continuous monitoring was a mandatory obligation.

On the other hand, EFR played a crucial role as an intervening party in a competitor team’s appeal, where their involvement contributed significantly to the annulment of the contested decision. This dual role highlights both the procedural challenges inherent in motorsport litigation and the advantages of timely and effective legal intervention.

This regulatory framework features the need for teams to navigate both the specific sporting regulations and the broader FIA procedural rules to exercise their legal rights. These two cases illustrate the difficulties of managing appeals under the FIA’s strict deadlines and the significant impact of well-executed legal action in related proceedings.

In conclusion, although EFR’s initial appeal was rejected, their proactive intervention led to a favorable outcome, namely gaining a higher place in the race concerned, and demonstrating the importance of strategic legal engagement in motorsport.

Sport in the New Year
The New Year will bring a crop of sporting events to look forward to, including the 2025 Women’s EUROS Tournament, as well as a range of sports legal issues and challenges, which we are well placed to handle professionally on behalf of sportspersons, sports teams, sports clubs, sports governing bodies and sports marketers, including broadcasters, sponsors and merchandisers.
In fact, to keep our readers up to date on international sports legal developments, we plan to organise some online seminars during the year, details of which will be circulated in due course.

Women’s EUROS 2025 and Ambush Marketing in Switzerland

As mentioned, one of the major sporting events this year is the 14th edition of the UEFA Women’s EUROS Football Tournament. This will be held in Switzerland, at seven venues around the country, from 2 – 27 July 2025, with the final being held at Switzerland’s largest football stadium, St. Jakob-Park in Basel, which can accommodate 37,500 spectators.

In view of the popularity of this major sports event, so-called Ambush Marketing, a form of unfair competition, in a business rather than a sporting sense, may be expected to rear its ugly head and pose a threat to the organisers and official sponsors of the event, thereby devaluing the event itself, as well as its sponsorship opportunities.

So, what is Ambush Marketing and how may it be combatted?

Essentially, Ambush Marketing involves a brand falsely claiming an association with a sporting event, when not being one of the official sponsors, and thereby gaining exposure in the marketplace for the brand, without paying any sponsorship fees.
Ambush Marketing, also characterised as ‘clever marketing’, takes many different forms, depending upon the ingenuity and creativity of ambush marketers.

Here are some examples:

• placing advertising billboards near a sports stadium or along a marathon route;
• launching advertising banners above the sports event venue;
• distributing free branded t-shirts and caps near the sports event stadium so that those inside can be seen wearing them, especially on television; and
• advertising suggesting an association with the sports event;

An example of the latter could be: “XYZ congratulates ABC [the organiser of the sports event concerned] on the EFG event (the name of the sports competition concerned) and wishes all the participants’ success!”

So, what action can organisers of sports events take against Ambush Marketing?

Of course, that depends upon the nature of the Ambush Marketing.

For example, it may involve infringement of the sports event organisers’ registered trademarks, such as “XYZ wishes all concerned a successful Qatar 2022 FIFA World Cup”, where the event name has been registered as a trademark.
In such cases, the organisers of the sports event concerned can claim damages and also obtain cease-and-desist orders against offenders.

In the case of the Olympics, para. 3 of the By-Law to Article 40 of the Olympic Charter limits the use of the names, images and performances of Olympic athletes during the Games and is designed to protect the rights of official sponsors and the financial integrity of the Games. The International Paralympic Committee has a similar rule for the Paralympic Games.

Practical measures may also be taken. For example, to guard against any advertising billboards being placed near sports stadiums, where events are taking place, access around the stadium may be restricted to official sponsors. To organise and legally enforce such exclusion zones involves cooperation between the event organisers and the local authorities.

We advise sports events organisers and sponsors on all aspects of Ambush Marketing, including the legal actions and other measures available to them in Switzerland, to protect their interests and the sports events themselves.

For further information and professional advice and legal representation on Ambush Marketing, please email, Dr Lucien Valloni, Noemi Delli Colli, or Prof Dr Ian Blackshaw at ‘valloni@valloni.ch’; dellicolli@valloni.ch’; and ‘blackshaw@valloni.ch’ respectively.

New Swiss Sports Tribunal

A notable development in Swiss Sports Law in 2024 was the establishment of a new Swiss Sports Tribunal (SST) on 1 July 2024 by Swiss Olympic, the National Olympic Committee of Switzerland.

The SST, based in Berne, has taken over the functions of the former Disciplinary Chamber of Swiss Sport and is responsible for settling disputes and imposing sanctions regarding doping and ethics violations in sport in Switzerland.

The SST comprises twenty judges, who are lawyers and medical experts, and who are selected and appointed by the SST Foundation Board.

Normally, the SST decides cases by a three-member Panel.

Individuals involved in SST proceedings may be legally represented, and we will be pleased to do so.

SST Decisions are appealable to the Court of Arbitration for Sport within 21 days of written notification of the Decisions.

Again, we will be pleased to represent individuals in those appeals.

For further information, please contact our Managing Partner, Dr Lucien Valloni, by e-mail at ‘valloni@valloni.ch’.

Planned Football Financial Regulation in Italy

Another important football legal issue is the financial health and sustainability of clubs. In Italy, for example, the establishment of an independent Commission is planned to oversee the financial budgets of football clubs.

FIFA and UEFA have unequivocally voiced their objections to this plan, based on their fundamental principles of prohibiting Governmental interference in the operations of national federations, breaches of which can lead to the exclusion of football clubs from their competitions.

The Italian Government’s decision to intervene in sports budgeting stems from a series of financial and regulatory issues involving prominent Italian football clubs, including Juventus, and, therefore, the Government considers that stricter oversight is essential to ensure the financial sustainability of professional sports in Italy, especially football.

The Commission is expected to begin its operations on 1 July 2025.

For further information, please email Sara Botti, the Head of our Italian Law Practice, who is keeping a close eye on developments, at ‘botti@valloni.ch’.

Gender Equality in Italian Sport

Likewise, there are also much needed legal measures to bridge the gender gap in Italian sport. Although there are some signs of progress being made, gender equality in sport in Italy has been characterised as “a work in progress”.

Although the number of women participating in sport is increasing, with around 48% of sportspersons being women, in some sports, however, women are underrepresented.

For example, in association football, only 2.5% of women play, compared with 12.5% of men. However, Italy is moving towards a gender equality principle in women’s football.

Likewise, women are underrepresented in positions of leadership in sport, such as coaches, managers, team doctors and senior roles in Italian Sports Federations. In fact, only 22% of the top positions in the Italian Sports Federations, which represent the ten most popular sports in Europe, are filled by women.

For the Winter Olympics and Paralympics, which will take place in 2026 in Milan and Cortino, there will be a more gender-balanced participation, with the aim of 47% of the athletes being women.

Other challenges that women face in Italian sport include inadequate training conditions and insufficient media coverage of their sports.

There also appears to be a widely held stereotypical view in Italy that women are less athletic than men.

As will be appreciated, more work needs to be done to bridge the gender gap in Italian sport and eliminate out of date perceptions and all kinds of discrimination, in conformity with the Fundamental Principles of Olympism as enshrined in the Olympic Charter.

For further information and advice on this evolving and important issue, please email Sara Botti, the Head of our Italian Law Practice, at ‘botti@valloni.ch’.

Protecting Sports Events in France

Sports events in France are protected by several legal and practical measures.

These include:

• The Sports Code. A regularly updated book that contains all the French legislation relating to the organisation of sports events in France, and which is divided into several parts: a legislative section (Articles L100-1 to L425-12); a regulatory section which includes Decrees (Articles R112-1 to R422-4) and Orders (Articles A112-0 to A430-2); as well as an Appendix section (Articles Annexe I-1 (art. R122-4) to Annexe III-28).
• The Law of 10 May 2016 (informally called the Larivée Law): It allows sports event organisers to refuse or cancel tickets and deny access to individuals posing security risks. The law extends the maximum stadium ban from 12 to 24 months, and up to 36 months for repeat offences. This Law has created a national supporters forum and a supporter liaison officer in each of the professional sports.
• Free-to-air Broadcasting: French legislation protects the free broadcasting of certain sports competitions, known as „events of major importance“. See earlier item in the NEWS section of our website for details.
• Intelligent Video Surveillance: Cameras are installed around sports venues and on public transport to detect risky situations in real time to deal with them timely and appropriately.
• Body Scanners: Body scanners are installed at stadium entrances to detect any offensive weapons, such as missiles, that can injure and interrupt play.
• Health Centre: A health centre is installed inside the Olympic and Paralympic Athletes’ Villages.
• Genetic testing: French anti-doping laboratories can carry out genetic tests on athletes based on their blood and urine samples.
• IP protection: Registering trademarks protecting sports events names and event marks and sponsorship designations.
• Protection against Ambush Marketing: Major sports events are susceptible to this kind of unfair business competition and sports events organisers can take a number of legal and practical measures to combat them, relying, for example, on trademark rights and imposing a kind of ‘cordon sanitaire’ around venues to prevent unauthorised billboard advertising suggesting an unauthorised association with the sports event.

Local Prefects are responsible for ensuring that the national legal framework on sports safety and security is respected in their respective Departments.

However, private security firms also play an important role in ensuring the safety and security of sports events and those who participate in and attend them.

As a result of all these measures, French Sports Law is one of the most mature and well-established in Europe and worldwide.

In fact, the legal protection of sports events organisers‘ rights and the French courts‘ extensive application of these laws have contributed to the growth of the sports industry in France, which is now worth €64 billion (around Sw. Frs. 59.6 billion), representing 2.6% of the country’s GDP.

Regarding the future of the French sports industry, it is expected to be worth €7.8 billion (around Sw. Frs. 7.3 billion) by 2032. Growth areas include digital sport; further development of women’s sport; and improving sports events strategy.

The sports equipment market in France is also expected to grow, as more of the population concentrate on health and wellness and engage in sports and fitness activities. In fact, the French Sports Ministry has introduced ‘Pass ‘Sport’ a €50 voucher scheme to cover the cost of children and young adults registering with local sports clubs.

For further information and advice on sports legal issues in France, please email Dr Estelle Ivanova, the Head of our French Law Practice, at ‘ivanova@valloni.ch’.

Settling Sports Disputes in France

With so much at stake on the field of play and, with the rise of sports marketing as a multi-billion US dollar global industry, sports disputes are also increasing off the field of play. And this is no exception in France, with more and more sportspersons resorting to the French sports disputes resolution system for a variety of issues, including disciplinary as well as contractual matters.

The French Sports Code, which is accessible online via Légifrance, the latest version of which came into force on 19 November 2024, regulates a wide range of sports’ matters in France, including dispute resolution.

The Body, generally, charged with settling sports disputes in France is the Sports Arbitration Chamber (SAC) of the French National Olympic and Sports Committee (CNOSF). The SAC was established in 2007.

In general, sports disputes, except for anti-doping rules’ violations and labour disputes (see later), must first be submitted to conciliation before the SAC prior to submission to the French Administrative Courts.

On 8 June 2022, the French Professional Football League (LFP) adopted a new rule (Article 223 of the LFP Administrative Regulations) under which clubs participating in LFP-organised competitions must submit all commercial disputes exceeding €50,000 (around Sw. Frs. 46,700) regarding permanent or temporary transfer agreements to the SAC for settlement by arbitration. However, the admissibility of such legal appeals is subject to prior referral to the Legal Commission of the LFP for an opinion.

Doping cases are handled by the French Anti-Doping Agency (ALFD), established as an independent public authority in 2006, and working in conjunction with the World Anti-Doping Agency, the international anti-doping organisation. The ALFD has been particularly involved with the Tour de France, including, for example, in the case of Floyd Landis, in which the ALFD stripped him of his title in the 2006 edition of the Tour.

Exceptionally, all sports-related labour disputes, such as those relating to employment contracts of players, referees, coaches and managers, may only be submitted for settlement in the French Labour Courts.

French Sports Federations themselves also handle non-disciplinary disputes, such as eligibility issues and the validation of sporting results. The French Sports Code lays down the norms regarding the functioning of the justice system of the French Sports Federations.

Of course, apart from the above cases, sports disputes can be referred to the ordinary French Courts for settlement, as a final resort.

All sports disputes resolution proceedings in France must be fair and comply with the French Constitution, applicable domestic French legislation, European Union law, and the European Convention on Human Rights, especially Article 6.1, which guarantees the right to a fair trial.

As regards any criminal liabilities arising from the acts of sportspersons, such as intentional or unintentional injury inflicted on others, especially on but also off the field of play, must be referred to the French Criminal Courts and may not be mediated or arbitrated.

Settling sports disputes and obtaining sporting justice in France is a veritable minefield, which requires professional expert advice and assistance, which we provide.

For further information and professional assistance, please email Dr Estelle Ivanova, the Head of our French Law Practice, at ‘ivanova@valloni.ch’.

New Life after Sport!

It is a well-known fact that the careers of elite sportspersons are relatively short compared with those of other professionals.

For example, football players, on average, retire between the ages of 31 and 35, and reach their peak performances between the ages of 25 and 27.

The vexed question then is: what to do next?

For many, moving away from their sports marks the beginning of an entirely new and uncertain and, possibly, risky journey.

Following years of dedication, intense training, and competitive success makes the transition into life after sport challenging, to say the least. To make this change as smooth and fulfilling as possible, careful consideration needs to be given to the need for:

• financial security;
• personal growth; and
• the development of new interests.

A successful transition starts long before sportspersons take part in their final competitive events. Although sports careers demand intense focus and attention, it is advisable for sportspersons to explore potential passions and career paths early on in their sporting careers.

Education, workshops, and hands-on experience in different fields offer new skills and a broader perspective on future opportunities. Building a network outside the sports world also opens up invaluable support and connections, making the process of entering a new professional sphere less daunting and more successful.

By redefining identity and purpose beyond sport, sportspersons can find fulfilment in roles in which they can inspire or lead others, such as mentoring or coaching the next generation of sportspersons.

Others may feel drawn to community work, philanthropic pursuits, or starting businesses that reflect their personal interests and values.

For example, George Foreman, the former American professional boxer, became a successful entrepreneur and known for his George Foreman Grill, of which he sold more than 100 million worldwide. He later sold the commercial rights to the Grill for the sum of US$138 million!

A successful sportsperson’s most valuable assets post-retirement is their personal brands. Although their competitive sporting careers may have come to an end, their reputations and stories continue to carry lasting power and resonate with fans and clients.

For example, in 2018, the well-known English former footballer and England captain, David Beckham, launched his own fashion brand ‘House 99’, and also has established himself as a modern men’s style icon.

To leverage their well-earned personal brands after retiring from sport, sportspersons need expert financial, commercial and legal advice, especially on protecting their intellectual property rights. We have such a team of experienced experts available to sportspersons contemplating a new life after sport.

For details of our Team, log onto our website at ‘www.vallon.ch’.

Careers with Valloni Attorneys at Law
We are always looking to recruit further well-qualified and motivated members of our Team, who, in line with the ethos of our Law Firm, are focussed on results, and we should be very pleased to hear from such candidates, who should email their CVs to our Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.com’.

Further Information and Advice
For further details of any of the sports law issues covered in this Newsletter, please refer to the NEWS section of our website.
Also, for any professional advice and assistance on any of these issues, or, indeed, on any other matters, especially sports-related disputes of a sporting or a commercial/financial nature, which are a particular specialism of our Law Firm, please email our Founder and Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’.