Dear all,
as far as I can see from very short notice, we probably have to distinguish between different proceedings. as far as I am informed within the current proceedings Sion was seeking for a preliminary injunction. the civil court of first instance (Vaud) has suspended the case due to the validity of arbitral proceedings (including) preliminary injunctions, Sion has appealed this decision at the appelllate court (Kantonsgericht in Wallis). Now I have not seen any decisions but it as well be also in other countries, that civil courts may take decisions involving preliminary injunctions but no further decision concerning the merits of the case, which of course in terms of sporting competitions does not help. But in terms of "normal" civil cases can happen although valid arbitral agreements are in place.
This is just a guess (without knowing the judgements) since in some way Austrian proceedings do work in a similar way.
Greetings to you all
________________________________
Von: Sport and the European Union [[log in to unmask]]" im Auftrag von "David McArdle [[log in to unmask]]
Gesendet: Dienstag, 13. September 2011 15:24
Bis: [log in to unmask]
Betreff: Re: Sion Train... or do they?
I can feel a conference coming on…
Dr David McArdle
Stirling Law School
01786 467285
www.law.stir.ac.uk/staff/d.mcardle.php
From: Sport and the European Union [mailto:[log in to unmask]] On Behalf Of Coenen Peter
Sent: 13 September 2011 14:11
To: [log in to unmask]
Subject: AW: Sion Train... or do they?
Normally this would be a case for the CAS on the basis of article 61 of the UEFA Statutes. This article explicitly excludes the jurisdiction of national courts. However, it becomes interesting because UEFA is incorporated as an association on the basis of article 60 of the Swiss Civil Code. Does this mean that the reach of the Swiss courts could extend to this case or does article 61 of UEFA’s statutes still apply?
Von: Sport and the European Union [mailto:[log in to unmask]]<mailto:[mailto:[log in to unmask]]> Im Auftrag von David McArdle
Gesendet: Dienstag, 13. September 2011 14:31
An: [log in to unmask]<mailto:[log in to unmask]>
Betreff: Sion Train... or do they?
http://news.bbc.co.uk/sport1/hi/football/14900965.stm
Dr David McArdle
Stirling Law School
01786 467285
www.law.stir.ac.uk/staff/d.mcardle.php<http://www.law.stir.ac.uk/staff/d.mcardle.php>
________________________________
The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC 011159.
Sport&EU, The Association for the Study of Sport and the European Union can be found at http://www.sportandeu.com
Sport&EU, The Association for the Study of Sport and the European Union can be found at http://www.sportandeu.com
________________________________
The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC 011159.
Sport&EU, The Association for the Study of Sport and the European Union can be found at http://www.sportandeu.com
Sport&EU, The Association for the Study of Sport and the European Union can be found at
http://www.sportandeu.com
|