Could this be one of the most significant actions by a group of players? The Rubiales - Spanish Women’s World Cup case
The Spanish women’s national football team’s thrilling victory against England in the 2023 World Cup final should have been a moment of triumph for Spanish football, its women’s national team, and women’s sport. However, this was sadly overshadowed by the president of the Royal Spanish Football Federation (“RFEF”), Luis Rubiales (“Rubiales”), kissing Spanish player, Jennifer Hermoso Fuentes (“Hermoso”), on the lips during the presentation of the trophy.
The row over Rubiales’ actions, which were seen by millions, has spilled well beyond Spain. In a series of remarkable and escalating events, RFEF, UEFA, FIFA, the Spanish Criminal court, the Spanish Players’ Union - FUTPRO, and Hermoso’s fellow players became involved in what has turned into a national row and series of resignations over women’s rights and sexual abuse.
This article considers the incident in brief and examines the actions taken by the various parties in this dispute, the issues involved, and the possible ramifications.
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- Tags: Athlete Welfare | FIFA | FIFA Disciplinary Regulations | FIFA Statutes | Football | Regulation & Governance | Safeguarding | Spain | Sport | UEFA | United Kingdom (UK)
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Written by
Samuel Cuthbert
Samuel is a Barrister practising from chambers at 4 New Square Chambers. Samuel is described by Legal 500 as “a real star of the future” in sports law. Samuel regularly acts on behalf of athletes, clubs, and national governing bodies. Samuel is instructed in CAS proceedings, rule K arbitrations, and sporting appeals. Notably Samuel has appeared in front of FA Appeal Boards, and FIBA Appeal Boards. He is currently instructed in several ongoing anti-doping prosecutions, financial regulatory disputes, and a number of high-profile safeguarding matters before arbitral panels and in the High Court. Samuel recently acted in High Court proceedings following the transfer of Emiliano Sala, and was also counsel for the National League in Southend FC’s appeal against the imposition of a £1m bond. Samuel is currently representing an international football player in relation to betting charges. Samuel’s commercial and sports practices frequently overlap and he is often instructed to advise sports clients, including both clubs and players in the premier league, in relation to commercial disputes.
His practice encompasses sports regulation, betting, safeguarding, disciplinary cases, anti-doping cases, and commercial sports matters. Samuel regularly appears in CAS proceedings, rule K arbitrations, and sporting appeals. Samuel is also instructed in sports related inquests, and is also experienced in litigating head injuries in sport. Samuel is currently instructed in High Court proceedings on behalf of a major football club in a multi million pound dispute with its key sponsor, and has previously acted in arbitrations born out of similar facts. He recently appeared before the International Basketball Federation (FIBA) Appeal Board in a matter for which the underlying claim was worth £5,000,000.
David Winnie
David is partner and the head of sports at Gilson Gray. His practice spans a wide range of transactional and regulatory areas of sports law.
David specialises in commercial and regulatory advice to clients in the sports and media sectors. His experience includes acting for athletes and rights holders on sponsorship matters. He also regularly advises on governance issues in sport and on player contracts, football transfers and image rights structures.
David has acted for clients in cases before the Football Association's (FA) Rule K Arbitration, the EFL Compensation Committee, FIFA's Football Tribunal and the Court of Arbitration for Sport (CAS) in Lausanne.
Prior to his career in law, David was a professional football player and coach at the highest levels. He played in Champions League, UEFA Cup and ECWC competitions and won the Scottish FA Cup as a player. David also represented his country at U21 level.
