Abstract
This chapter is the first comprehensive analysis regarding a national court’s duty to ensure the effective protection of EU (competition) law during the enforcement proceedings of foreign arbitral awards rendered by the Court of Arbitration for Sport (CAS). There is a general lack of case law concerning the private law enforcement of EU (competition) law with regard to CAS awards. On the one hand, sports governing bodies contractually oblige their members to have recourse to CAS arbitration, which limits their members’ right of access to court. On the other hand, a sports governing body may threaten disciplinary sanctions if the member involved were to refuse to implement the CAS (appeal) award. This chapter criticizes the deliberate attempt to circumvent the enforcement proceedings of CAS awards by national courts. It also argues that such an evasion puts the duty of a national court to ensure the effective protection of EU (competition) law on the line.
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