Categoria: EU Competition Law
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THE DIARRA RULING ON THE TRANSFER OF PLAYERS WITHIN THE EU AND THE FIFA REGULATION ON THE STATUS AND TRANFER OF PLAYERS (ECJ, 4 October 2024, in case 650\22, FIFA vs. BZ)
1. Facts and Sports Rules under referral. The ECJ ruling was issued following a preliminary reference from the Court of Appeal of Mons, Belgium. It concerns the compatibility of certain specific provisions of the “FIFA Regulations on the Status and Transfer of Players” (RSTP) with the provisions of the TFEU on competition and free movement…
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WHO IS INVITED TO THE “INTEREST RATES PROM”?
In a concrete application of the principles expressed by the Court of Cassation, the Court of Appeal of Trieste ordered an Office Technical Consultant (OTC) to recalculate the entire financial repayment plan of a loan agreement with an interest rate clause that had been declared null and void. As is now well known, in its…
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THE CJEU JUDGEMENT IN CASE C- 333/2021, EUROPEAN SUPERLEAGUE VS. UEFA AND FIFA.
Most press reports claimed that the CJEU Superleague judgement represented an utter defeat for FIFA and UEFA. This article reconsiders such conclusions in the light of a more attentive exam of the grounds of the Judgment. On 21st December 2023, the Court of Justice of the European Union (“CJEU”) issued its very long-awaited judgement in case…
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THE WINDSOR FRAMEWORK AND THE NEW HYBRID CUSTOMS REGIME BETWEEN THE TWO IRELANDS
The ‘Northern Ireland Protocol’ signed by the United Kingdom and the European Union on 1 January 2021 has been much criticised over the years by the people of Northern Ireland for being excessively burdensome. On 27 February 2023, an agreement was reached to amend the Protocol. Once entered into force, such agreement will lead to…