The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Bär & Karrer Ltd.

BRANDSCHENKESTRASSE 90, 8027 ZÜRICH, SWITZERLAND
Tel:
Work +41 58 261 50 00
Fax:
Fax +41 58 261 50 01
Email:
Web:
www.baerkarrer.ch
Geneva, Lugano, Zug, Zurich

Show all Press releases

6 August 2008 - The CAS, Court of Arbitration for Sport, upholds the appeals filed by FC Schalke 04

September 2008

6 August 2008 - The CAS, Court of Arbitration for Sport, upholds the appeals filed by FC Schalke 04, SV Werder Bremen and FC Barcelona regarding the release of players for the 2008 Olympic Games Three European clubs have filed appeals against a decision of FIFA according to which football clubs were obliged to release players under the age of 23 for the Olympic Football Tournament Beijing 2008, on the basis of a long lasting and undisputed practice which had become a customary law for the clubs.

The CAS Panel reached the conclusion that the Olympic Football Tournament Beijing 2008 is not included in the Coordinated Match Calendar and there is no specific decision of the FIFA Executive Committee establishing the obligation for the clubs to release players under 23 for this tournament. Furthermore, the requirements to justify a legal obligation of clubs to release their players for the Football Tournament Beijing 2008 on the basis of customary law are not met. Accordingly, the Panel considered that FC Schalke 04, SV Werder Bremen and FC Barcelona had no legal obligation to release the players Rafinha, Diego and Messi, respectively, for the Olympic Football Tournament Beijing 2008.

Michele Bernasconi, partner at Bär & Karrer, was member of the CAS Panel and Michael Noth, associate at Bär & Karrer, was appointed as ad hoc clerk.

For more information please contact www.baerkarrer.ch    

Legal Developments by:
Bär & Karrer Ltd.

Legal Developments in Switzerland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to