Zmiana przynależności klubowej (transfer) zawodnika małoletniego w świetle przepisów Regulaminu FIFA ws. Statusu i Transferu Zawodników, na przykładzie FC Barcelona
Changing the Club Affiliation (Transfer) of a Minor Player in the Light of the FIFA Regulations on the Status and Transfer of Players on the Example of FC Barcelona

Arbitration CAS 2014/A/3793 Fútbol Club Barcelona v. Fédération Internationale de Football Association (FIFA), award of 24 April 2015

Summary/Abstract: The commentary provides a critical assessment of the judgment of the Court of Arbitration forSport in Lausanne of 24 April 2015 in the case No 2014 / A / 3793. This proceeding was initiatedby FC Barcelona’s appeal against the decision of the FIFA Appeal Committee. In this decision, theFIFA disciplinary authorities imposed a penalty on FC Barcelona for violating the provisions ofthe FIFA Regulations on the Status and Transfer of Players in the case of transfers of underageplayers from outside the territory of the European Union and the registration of players trainedin La Masia to play in the colours of FC Barcelona. The commentary analyses the CAS judgmentin the context of FIFA regulations and the norms of Spanish law in force at the time of its issuance.The Author used a comparative method in order to compare the compliance of nationallaw with federal standards, and the judgment was analysed along with sanctions imposed bythe Arbitration Tribunal for Sport in Lausanne, applying a purposeful interpretation of the provisionsof FIFA Regulations on the Status and Transfer of Players. The paper also highlights theimportance of arbitration as a method of resolving sports disputes and the importance of theso-called “sports law” as an emerging field of law that is also subject to scientific research. Dueto the precedent nature of the judgment of the Court of Arbitration for Sport in Lausanne inthe case No 2014/A/3793, the critical commentary to this judgment may be a starting point fora discussion on the appropriate interpretation of the provisions of the FIFA Regulations on theStatus and Transfer of Players and the application of sanctions in the event of possible futureviolations of its provisions by other football clubs.

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