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Standing to Appeal

Urheilu ja oikeus 2024 s. 42–56
1.4.2025
Asiantuntija-artikkeli

In sports-related disputes, and in particular in appeal arbitration proceedings before the Court of Arbitration for Sport (“CAS”; see Art. 47 et seqq. of the Code of Sports-related Arbitration [“CAS Code”]),, it is not unusual to be confronted with a crucial question, i.e. (i) which persons or entities have standing to appeal against a decision of a sports association or to bring a claim against another party and (ii) by contrast, which persons or entities have standing to be sued (locus standi). The answer to this question is, however, not always as simple as it may initially seem.

This article sets out the main principles of standing to appeal. It describes on one hand, the requirements for the standing of an appellant to challenge a decision of a sports association domiciled in Switzerland pursuant to Art. 75 of the Swiss Civil Code (“SCC”). On the other hand, this article deals with the issue of standing in appeal arbitration proceedings before the CAS. Finally, this article concludes with the key points that can be derived from Art. 75 SCC and the CAS jurisprudence on standing to appeal.

(Edilex editorial team)

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