By Andy Brown
Sporting bodies appeal decision not to release ‘Operación Puerto’ blood bags
The Union Cycliste Internationale (UCI) and the Spanish anti-doping agency (AEA) separately announced that they would appeal a decision not to hand over blood bags connected with Operación Puerto, a police investigation into doping that ended with the sentencing of Dr. Eufemiano Fuentes and Ignacio Labarta to imprisonment. The blood bags, which number over 100, were seized as part of the investigation and relate to athletes who were clients of Dr. Fuentes, who was proved to have operated a doping network.
“The extractions and transfusions were not practiced in accordance with the sanitary norms, but in a clandestine manner”, Judge Patricia Santamaria ruled in a small court just outside of Madrid on 30 April. Such practices posed a “significant risk to the health” of athletes receiving the blood, as such violating the Spanish Criminal Code on endangering public health. Doping in sport is not illegal in Spain, although the Spanish Parliament passed a new, tougher, anti-doping law on 9 May.
When passing sentence, Judge Santamaria ruled that the blood bags connected with the investigation should be retained, and destroyed after all appeals against the judgment have been exhausted. “The Spanish Sports Council and the AEA plans to appeal the decision through the State Bar”, said an AEA spokesperson. “For us, Operación Puerto is not over”. The World Anti-Doping Agency is also considering an appeal.
Complaint filed with European Commission against European soccer’s Financial Fair Play Regulations
A Belgian agent representing soccer players has filed a formal complaint with the European Commission alleging that European football’s Financial Fair Play Regulations violate European Union law. The Regulations were approved by European soccer’s governing body, UEFA, in 2010 and began to be introduced over a three-year period in 2012. The main rationale behind the Regulations is to prevent club bankruptcies by encouraging clubs to compete within their revenues.
The complaint, filed by player agent Daniel Striani, contends that the requirement for clubs to ‘break even’ (Article 57 of the Regulations) is a restriction on some of the fundamental freedoms enshrined in the Treaty on the Functioning of the European Union, such as:
free movement of capital;
ree movement of workers;
free movement of services.
‘In conformity with Article 101.2 of the Treaties of the European Union, the complaint requests the European Commission to declare that the Break-even rule is null’, reads the complaint.
The complaint has attracted a great deal of attention because Striani is represented by lawyer Jean-Louis Dupont of Roca Junyent, who represented soccer player Jean-Marc Bosman in the pivotal ‘Bosman’ case. The of 1995 decision banned restrictions on ‘foreign’ players within the national soccer leagues of the European Union, and allowed players within the EU to move to another club at the end of a contract without a transfer fee being paid.
Scottish Premier League faces £1.7m broadcasting claim
Scotland’s top soccer division, the Scottish Premier League (SPL), is facing a £1.7 million damages claim over a 2007 court order it secured preventing Lisini Pub Management from screening Polish satellite coverage of its games in Scotland. Using a decoder card, Lisini Pub Management’s Angels bar screened Polsat’s coverage of SPL games during the ‘closed period for transmission’ between 14.45 and 17.15 on a Saturday afternoon, designed to protect stadium attendance in Scotland.
However, in 2011, the Court of Justice of the European Union (CJEU) found that clauses prohibiting the use of foreign satellite decoders and smart cards were void. In a case originating with pub landlord Karen Murphy, whom the English Premier League attempted to fine for use of a foreign decoder card, the CJEU found that such prohibition represented a restriction on competition under European law.
The Scottish courts have refused to dismiss Lisini’s counterclaim and the case will be heard in full in the near future.
Other News
David O’Leary has been awarded $5.2 million after Dubai club Al Ahli FC dismissed him as coach one year into a three-year contract. The award was determined by the Players’ Status Committee of world soccer’s governing body, FIFA.
Mahmood al-Zarooni is appealing against an eight-year ban by the British Horseracing Authority (BHA) for doping racehorses. On 11 April, the BHA found that 11 horses owned by al-Zarooni had tested positive for steroids. The horses were part of the Godolphin racing stable, which is owned by the United Arab Emirates Royal Family. Al-Zarooni admitted guilt and was sanctioned on 23 April. He is only appealing the length of the sentence.
The Italian competition regulator has cleared Sky Italia of abusing its dominant position in acquiring TV rights to UEFA Champions League soccer, 2012-2015, and the FIFA World Cup soccer tournaments in 2010 and 2014. The complaint was launched by rival broadcaster Mediaset, which was founded in the 1970s by former Italian Prime Minister Silvio Berlusconi.
Andy Brown is the editor of World Sports Law Report. Readers of Sports Litigation Alert can receive a 10% discount on a subscription to World Sports Law Report. Visit www.e-comlaw.com/wslr10 and input the code ‘WSLR10’ on the second page to receive your discount.
