Session on Sports Arbitration and EU Competition Law in the EU Law Master’s Degree at Universidad Carlos III de Madrid
Por tercer año consecutivo, nuestro socio, José Páez, ha impartido una sesión sobre la interrelación entre el deporte y el Derecho de la UE y de la competencia y el deporte, en el marco de los procedimientos arbitrales, en particular del TAS
Our partner, José Páez, delivered a session focusing on the application of EU law and competition law to sport in arbitration proceedings, as part of the EU Law Master’s Degree at Universidad Carlos III de Madrid. The session was divided into three main sections: the application of EU law and competition law to sport; the invocation of EU law and competition law in the context of arbitration proceedings seated in a country outside the European Union; and an overview of arbitration proceedings conducted before the Court of Arbitration for Sport (CAS) in Lausanne in which issues of EU competition law have been discussed. The session was structured as follows: I. Sport and European Union Law (Competition Law) II. International Arbitration 1. Arbitration and Competition Law III. Sports Arbitration 1. Sports Arbitration and EU Competition Law 2. CAS Cases Involving EU Competition Law Issues In addition, the discussion with the students also addressed the options available to the CAS in light of the judgment of the Court of Justice of the European Union of 1 August 2025 in Case C-600/23 (RFC Seraing v FIFA, Belgian FA & UEFA). In this case, as well as in the International Skating Union case (C-124/21, ISU), the principle of effective judicial protection leads to the conclusion that the absence of judicial review by the Swiss court hearing an action to set aside a CAS award as to compliance with EU public policy –which includes EU competition law– does not ensure respect for the individual rights (in particular, those relating to competition law) provided for under the TFEU.