Different Roads, Different Destinations: Why the Table Tennis Russia Ban Failed Where FIFA and UEFA Succeeded

The Russian invasion of Ukraine in February 2022 triggered an unprecedented wave of sporting sanctions against Russian athletes and teams^[1]. While FIFA and UEFA successfully defended^[2] their exclusion measures before the Court of Arbitration for Sport (CAS), the European Table Tennis Union (ETTU) suffered a significant defeat when its Board of Appeal decision was partially overturned in CAS 2022/A/8856.^[3] 

This divergence in outcomes raises critical questions for sports federations navigating the intersection of sport, politics, and fundamental rights. This article examines why the ETTU case reached a different conclusion from the football decisions, offering practitioners essential guidance on implementing emergency measures whilst respecting constitutional obligations.

Article Outline

• The Factual and Procedural Context
• The FIFA and UEFA Awards
• Constitutional Power: A Critical Distinction
• The Discrimination Analysis: Burden Shifting and Evidentiary Requirements
• Evidential Deficiency: The Fatal Flaw
• The Proportionality Assessment: Context Matters
• Procedural Fairness: A Cured Defect
• Practical Implications for Sports Federations
  • Constitutional Foundations Matter
  • Build a Contemporary Evidentiary Record
  • Consider Graduated Measures
  • Sport-Specific Risk Assessment
  • Time-Limited and Reviewable Measures
  • The Discrimination Hurdle
• Reconciling the Cases: Towards a Coherent Framework
  • Common principles
  • Critical variables
• Unanswered Questions and Future Challenges
• Conclusion