ARTICLE · 30 APRIL 2025

The Expanding Reach Of EU Judicial Oversight: Is CAS Arbitration Next?

Queritius

On January 16, 2025, Advocate General Tamara Ćapeta of the Court of Justice of the European Union issued an Opinion in Case C-600/23, potentially upending the long-standing presumption that arbitral awards issued by the Court of Arbitration for Sport are insulated from EU judicial review.

PolandLitigation, Mediation & Arbitration

Maria Paschou

Petra Pataki

Barbara Sandor

On January 16, 2025, Advocate General (AG) Tamara Ćapeta of the Court of Justice of the European Union (CJEU) issued an Opinion in Case C-600/23, potentially upending the long-standing presumption that arbitral awards issued by the Court of Arbitration for Sport (CAS) are insulated from EU judicial review. The AG Opinion posits that when EU law is implicated, national courts cannot be precluded from scrutinizing CAS decisions, despite the res judicata effect of CAS awards. Should the CJEU adopt this reasoning, the ramifications for sports arbitration could be profound, subjecting FIFA's regulatory authority to EU legal oversight.

Background: The RFC Seraing Case and the CJEU Preliminary Queries

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The Expanding Reach Of EU Judicial Oversight: Is CAS Arbitration Next?

Background: The RFC Seraing Case and the CJEU Preliminary Queries

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