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The new floor beneath sport: EU judicial oversight after ISU, Seraing and FIGC & CONI

Title Image of The new floor beneath sport: EU judicial oversight after ISU, Seraing and FIGC & CONI
Tuesday, 20 October 2026 Author: Oliver Arosaari

An athlete or club loses at the Court of Arbitration for Sport (CAS), the Swiss Federal Tribunal (SFT) rejects the challenge, and the file is closed; not just at CAS, but everywhere. That has been the practical reality for EU-based parties for as long as CAS has existed: once the SFT rules, national courts have generally declined to reopen questions of EU-law compatibility, treating the matter as res judicata (already judged).

That assumption no longer holds. A trio of judgments by Court of Justice of the European Union (CJEU) has begun placing a mandatory floor of EU judicial protection beneath the architecture of sports dispute resolution itself, not merely the substantive rules that architecture enforces, meaning a CAS award, or a federation’s own internal disciplinary decision, can now be reopened before an EU court in defined circumstances.  This article examines the judgments and what they mean in practical terms for EU sports organisations. Readers will learn when a CAS award or a federation’s internal decision can be reviewed against EU public policy, what powers the reviewing body must have, and what sports organisations should audit in their own dispute-resolution structures.

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Written by

Title Image of Oliver Arosaari

Oliver Arosaari

Oliver Arosaari is a licensed attorney (Iranian Bar Association, since 2016) and doctoral candidate in law at the University of Turku, Finland. His PhD research examines how recent CJEU rulings, including ISU, RFC Seraing, and CONI  are compelling global sports governing bodies to align their governance and arbitral frameworks with EU constitutional standards, effectively projecting EU public policy norms into the transnational governance of sport.

He holds two master's degrees, one in intellectual property law and one in Legal Studies (law economics and Finance), where his thesis examined international transfers of football players, employment contracts, and contractual termination under FIFA regulations. His research sits at the intersection of EU competition law, EU constitutional law, and international sports governance.

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