A New Era in Cas Arbitration Proceedings – The Impact of The Court of Justice of The European Union’s Decision in The Seraing V. Fifa Case

Sports law, as one of the fields rapidly shaped by globalization, necessitates interaction not only with on-field regulations but also with international law and judicial mechanisms. The growing economic and social dimensions of professional sports have made the fair, efficient, and timely resolution of sports-related disputes indispensable. This need led to the establishment of the Court of Arbitration for Sport (CAS), whose institutional structure was strengthened by the 1984 reform and the 1994 Paris Agreement. Since its inception, CAS has played a central role in the internal governance of the sports ecosystem, acting as a “specialized arbitral tribunal” and becoming the final authority over the regulatory and disciplinary decisions of international sports federations. In this context, CAS has not only resolved individual disputes between parties but has also contributed significantly to the development of lex sportiva — the emerging body of international sports law — through its case law. However, this influential position of CAS has sparked growing debates regarding its relationship with the legal framework of the European Union (EU). In particular, the evaluations presented in the Court of Justice of the European Union (CJEU) ruling in Royal Football Club Seraing v. FIFA and Others (“Seraing case”) have the potential to fundamentally reshape existing paradigms of sports arbitration. The core issue addressed in this dispute concerns the extent to which CAS awards can be subject to judicial review before national courts in light of the EU principle of effective judicial protection. Accordingly, the Seraing case is not merely a conflict between a football club and FIFA regulations but represents a landmark decision redefining the boundaries of EU intervention in sports arbitration. The CJEU Grand Chamber’s ruling opens FIFA’s regulatory powers to EU legal scrutiny, enables national courts to review CAS decisions on substantive grounds, and challenges the traditional res judicata effect of arbitral awards in sports disputes. Ultimately, the Seraing case signals the potential beginning of a new era in sports law, with implications extending to both the international and EU levels. Keywords: Sports law, arbitration, Court of Arbitration for Sport (CAS), European Union Law, preliminary ruling, Court of Justice of the European Union (CJEU), Seraing case, res judicata effect, recognition and enforcement of CAS awards