Wojciech Lewandowski - Business Law Journal - Journals

Dr Wojciech Lewandowski

ORCID: 0000-0002-3909-6519

Assistant Professor at the Department of European Law, Institute of Legal Studies of the Polish Academy of Sciences. He specializes in the application of European Union law to sport and in internal market law. In 2022, he defended his PhD dissertation entitled The scope of EU Competition Law’s interference with the self-regulatory autonomy of sports federations. He regularly publishes in Polish- and English-language journals (“Państwo i Prawo”, “Europejski Przegląd Sądowy”, “iKAR”, “Utrecht Law Review”).

Article

Arbitration and dispute resolution in sport in the most recent jurisdiction of the Court of Justice of the European Union, s. 41-49

DOI: 10.33226/0137-5490.2025.12.7

JEL: K21, K41, L83, K33

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Arbitration and dispute resolution in sport in the most recent jurisdiction of the Court of Justice of the European Union

The aim of this article is to offer a critical analysis of the evolution of the CJEU’s approach to EU-law issues arising from the functioning of sports arbitration and the activities of the CAS. The main thesis advanced here is that the CAS’s exclusive arbitral jurisdiction in sports matters remains permissible, but following the ISU and RFC Seraing judgments the CAS must be open to judicial review within the EU – particularly as regards the application of Articles 101–102 of the Treaty on the Functioning of the European Union (TFEU) – and must comply with the requirements of Article 47 of the Charter of Fundamental Rights (CFR).

Keywords: sports arbitration; CAS; Article 47 CFR; Article 101 TFEU; EU public policy