CJEU: "CAS awards must be open to full review by national courts" (Advocate General)

"Awards by the Court of Arbitration for Sport must be open to full review by national courts to ensure the compatibility of FIFA rules with EU law," stated Tamara Capeta (CRO), Advocate General at the Court of Justice of the European Union, in her Opinion in Case C-600/23 v Royal Football Club Seraing, on 16/01/2025.

"At stake in this case is the question of control: more specifically, the relationship between FIFA's system of dispute resolution before the CAS and the principle of effective judicial protection under EU law," stated the judge (Advocate General at the CJEU since 07/10/2021) in the introduction to her Opinion.

"Tamara Capeta considers that direct access to and full judicial review by a national court against any and all rules of EU law must be available to EU sport actors that are subject to FIFA's system of dispute settlement, a final CAS award notwithstanding."

However, by recognising "the res judicata effect of the judgment of the Swiss Federal Tribunal of 20/02/2018" (see below), the Brussels Court of Appeal, in its judgment of 12/12/2019, prevented RFC Seraing…