Case Highlights

Benoit Keane has acted in some of the most significant European sports cases of the last decade including:

1. Financial Fair Play [Photo of UEFA Fair Play referee badge]

UEFA’s Financial Fair Play (FFP) rules improve the overall financial health of European club football. Since 2013, UEFA has assessed clubs participating in European club competitions against break-even requirements, which require clubs to balance their spending with their revenues and restricts clubs from accumulating debt. Benoit Keane successfully defended UEFA from a competition complaint before the European Commission. He also acts in a case brought under EU competition law before the Belgian courts against the FFP Regulations.

2. Third Party Ownership [Picture of football player]

FIFA banned the practice of third party ownership (TPO) of football players, whereby investment funds took a stake in the “economic rights” of players. The ban is necessary to protect the integrity of football and the rights of players. Benoit Keane is acting for UEFA before the Belgian courts against challenges to the ban on grounds of EU competition law.

3. ISU case - Sports Governance case [Picture of Speed Skaters]

Benoit Keane represented the International Skating Union (ISU) in the landmark competition investigation brought by the European Commission concerning the ISU’s Eligibility Rules which prevent Skaters from participating in unauthorised events. The EC found the rules to infringe EU competition law in particular due to the potential lifetime sanction for any breach of the rules and the lack of a clear authorisation system. Crucially, however, the EC acknowledged that the ISU was entitled to operate an authorisation system provided it pursued legitimate objectives such as integrity, health and safety and the good functioning of the international calendar. This finding is essential to the governance of sport and shows that competition law does not require a regulatory race-to-the-bottom. The new authorisation system put in place by the ISU for the vetting of independent events is regarded as an important precedent.

4. FIFA Qatar World Cup 2022 [Picture of Qatar stadium for World Cup]

The Spanish football league, La Liga, challenged the decision by FIFA to schedule the Qatar World Cup during the winter of 2022. Benoit Keane was appointed by FIFA as an Expert on EU law as to whether FIFA’s decision complied with EU competition law. The CAS upheld the validity of the scheduling decision.

5. Chelsea / Juventus (Mutu case) [Picture of Juventus fans]

Following the sacking of a player for misconduct, Chelsea obtained a significant award from the player for breach of contract. Chelsea then brought a separate legal action against Juventus, the first club the player joined after his sacking, arguing that the new club was jointly and severally liable for the payment of the award in accordance with the FIFA transfer rules. Benoit Keane was appointed by Juventus as an Expert on EU law as to whether this demand complied with EU and Competition law. The CAS determined that Chelsea’s demand would be contrary to EU law.

6. Sports Media Rights [Picture of camera at football match]

Benoit Keane acted for a sports rights holder in the landmark Murphy case before the English courts and in a related case before the European Court of Justice concerning the unauthorised broadcsat of sports matches in public houses.  He also acted in the "listed events" case concerning the UEFA European Championship before the EU Courts.