The 14th Update
[November/December 2024]
Welcome back to the 14th Update, a Newsletter curated by 14 Sports Law, where the world of sports law unfolds with the rhythm of a well-struck penalty kick. We will continue to be a monthly fixture on your calendar, hitting your inboxes on the 14th day of every month.
As always, we invite you to share your thoughts, feedback, and questions with us at [info@14sportslaw.com].
Happy reading!
Best,
Luis Cassiano Neves
Founding Partner, 14 Sports Law
Junior Partner Matilde Costa Dias moderated a panel discussion on “CAS Jurisprudence” at the International Sports Law Conference organised in Lisbon on 18 and 19 October.
Founding Partner Luis Cassiano Neves was in China on 5 November, to speak at a Panel discussion organised at the Sino-Portuguese Sports Law Practice Salon on “The Impact of Diarra Case on FIFA Football Transfer System.”
Junior Associate Aakash Batra participated as a mentor in the Certificate Course on “Gaming and Esports Law” organized by the platform Simulegum on 10 November.
Matilde was also on hand in Monaco for the Annual Congress of the FIA Cost Cap Adjudication Panel. Matilde is the only woman to sit on this prestigious panel which acts as the financial watchdog of Formula 1.
Scoring Perfection: 100% Success for Our Agent Exam Prep Course Students!
A massive round of applause for our incredible students! On 28 November, FIFA announced the results of its November 2024 Edition of the Agent Exam. We’re thrilled to share that every single student from the latest edition of our flagship FIFA Agent Exam Prep Course passed. 100% success rate, congrats to all!
We couldn’t be prouder of their success, and we’re excited to see them shine in their professional journeys ahead! For all those who passed the exam, make sure to pay the license fee of 600 USD on the Platform within 90 days as of the announcement of results, in addition to completing the Continuous Professional Development (CPD) requirements (especially for representing minors) the details for which can be found here.
Jannik Sinner: From Cleared to Contested – WADA Takes a Stand
Tennis world No. 1 Jannik Sinner is back in the spotlight, but not for his stellar performances. After testing positive for clostebol metabolites during the Indian Wells tournament back in March, the ITIA Independent Tribunal cleared Sinner of wrongdoing in August 2023, categorically citing “No Fault or Negligence.” It was essentially ruled that Sinner suffers from psoriasiform dermatitis, and the treatments his physiotherapist provided for the condition, which included massaging and bandaging, resulted in accidental exposure to clostebol. It was basically ruled that the contamination likely stemmed from his physiotherapist’s use of Trofodermin, a topical spray commonly available in Italy.
However, WADA isn’t ready to let this go. The agency has appealed to the Court of Arbitration for Sport (CAS), seeking a ban of up to two years and the annulment of Sinner’s BNP Paribas Open Indian Wells results.
The final verdict? A game, set, and match yet to unfold...
Reduction of Paul Pogba’s Suspension after CAS Appeal
In a major turn of events, French football star Paul Pogba’s doping suspension has been reduced from 4 years to 18 months by the CAS. Pogba tested positive for DHEA, a banned testosterone-enhancing substance, following a match in August 2023.
Pogba successfully argued that the substance was unknowingly consumed through a supplement prescribed by a doctor. CAS recognized the lack of intent, granting a significant reduction in his sanction. The player will be back in action early next year. We’re looking forward to see under what colours the French superstar will appear.
Publication of the Latest CAS Bulletin 2024/02
CAS has published its latest Bulletin, which covers some landmark cases of the CAS as well as the SFT. This edition also sheds significant light upon football-related cases, the latest anti-doping jurisprudence laid down by the CAS, as well as some key decisions passed by the CAS ad hoc division during the Paris Olympics 2024. Find the 171-page long Bulletin here.
FIFA Puts the Brakes on Disciplinary Cases!
On 25 November 2024, FIFA announced the immediate suspension of all pending disciplinary cases under its Disciplinary Committee. This pause comes in the wake of the European Court of Justice’s (CJEU) ruling in the Lassana Diarra case (discussed in the October Special Edition of the 14th Update), which deemed certain FIFA RSTP provisions to be incompatible with EU laws. This suspension signals a significant shift in football governance, emphasizing the need for regulations to align with broader legal principles.
The announcement clarifies that the suspension includes cases in which the FIFA Disciplinary Committee has issued decisions based on Article 21 of the November 2023 edition or Article 15 of the 2019 edition, which both deal with sanctions that may be imposed on parties that have breached the aforementioned FIFA RSTP Provisions. The announcement which has been doing the rounds over media platforms is a letter sent by Mr Jorge Iván Palacio, Chairperson of the FIFA Disciplinary Committee, to Mr. Mattias Grafström, FIFA Secretary General.
At this stage, the letter has not been officially published on FIFA’s website. With the winter transfer window on the cards, this may tempt players to get out of contracts, adding to legal uncertainty at the moment. We will continue to monitor all relevant developments in this regard – stay tuned with the 14thUpdate.
Latest Edition of the FIFA RSTP (October 2024 Ed.)
FIFA’s Circular No. 1905 dated 4 November 2024 has introduced updates to the Regulations on the Status and Transfer of Players (RSTP). The amended version primarily concerns changes regarding 3 specific areas. First, specific exceptions related to the FIFA Club World Cup 2025 address player registration, transfer periods, and release rules for association teams. These adjustments cater to the unique timing of the tournament. Second, the Men’s International Match Calendar sees a shift starting 2026. A 16-day, 4-match window in September/October will replace the previous two 9-day windows, optimizing scheduling for stakeholders. Lastly, amendments clarify that female players can register outside registration periods for various family-related leaves, including maternity, adoption, and family leave, enhancing inclusivity in the sport. Access the latest FIFA RSTP here.
Latest WADA List of Prohibited Substances and Methods (2025 Ed.)
WADA has published the 2025 List of Prohibited Substances and Methods, which will come into effect on January 1, 2025. While there are no major changes in prohibited substances, the updated list provides new examples and clarifications across various categories. Notable updates include clarifications on S0 (Non-Approved Substances), S3 (Beta-2 Agonists), S4 (Hormone and Metabolic Modulators), M.1 (Manipulation of Blood), S.5 (Diuretics and Masking Agents), and S.6 (Stimulants). One can find the updated list with more elaborations and clarity here.
The Esports Olympics Are Coming: Inaugural Edition in Saudi Arabia
In a historic move, the International Olympic Committee (IOC) has officially announced the creation of the Olympic Esports Games, with the inaugural edition set for 2025 in the Kingdom of Saudi Arabia. This exciting new chapter follows the IOC’s growing involvement in esports, which began in 2018 and was boosted by the success of the Olympic Esports Week in Singapore in 2023. The IOC has partnered with the Saudi Arabian National Olympic Committee for a 12-year collaboration, setting the stage for a revolutionary sporting event that merges tradition with digital competition.
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