Practice Areas / Sectors / xxxiii. Sports Law
Sports Law
Sports law is a distinct field covering the relationships between clubs, athletes, federations and agents, disciplinary processes, and arbitration mechanisms specific to sport. As Günser + Partners, we provide legal advisory services in the drafting and negotiation of contracts, transfer and receivable disputes, disciplinary proceedings, and applications to national and international arbitration bodies.
Topics Covered
The matters we handle within the framework of the Law No. 7405 on Sports Clubs and Sports Federations, federation regulations, and the rules of FIFA, UEFA and the CAS:
- Establishment and structuring of sports clubs and sports joint stock companies
- Acts of sports federations and the remedies available against them
- Drafting and termination of professional athlete contracts
- Transfer disputes and training compensation
- Agency contracts and football agent regulations
- Disputes concerning athletes' remuneration and receivables
- Disciplinary investigations and objections to disciplinary board decisions
- Applications to arbitration boards and arbitration proceedings
- Anti-doping regulations and doping investigations
- Broadcasting rights and sponsorship agreements
- Athletes' image rights and disputes over the use of names
- Disputes before FIFA, UEFA and the Court of Arbitration for Sport
- Criminal proceedings concerning match-fixing and incentive payment allegations
Scope of Services
In our work in this field, the Law No. 7405 on Sports Clubs and Sports Federations and, in football, the Law No. 5894 on the Establishment and Duties of the Turkish Football Federation are taken into account, together with the statutes, regulations and competition rules of the relevant federation and, depending on the dispute, the rules of international federations. The relationships between athletes, clubs, coaches, technical staff, agents, federations, sponsors and broadcasters are assessed within this framework.
We provide legal support in the drafting and review of professional athlete, coach and technical staff contracts, covering signing fees, match fees, performance bonuses, accommodation, travel, tax, insurance, medical expenses, injury, national team duty, image rights, disciplinary provisions and termination conditions. Consistency between the standard federation contract and any additional protocols between the parties is also reviewed.
Transfer agreements between clubs are prepared or reviewed, addressing the event on which the fee falls due, currency and exchange rate, the consequences of a missed instalment, security, loan transfers and purchase options, the calculation of sell-on percentages and the competent forum. Agency and representation agreements are also assessed as regards the scope of authority, duration, exclusivity, remuneration, conflicts of interest and the applicable federation licensing and registration requirements.
For sports clubs and sports joint stock companies, we review statutes and internal regulations, prepare general assembly and board resolutions, carry out incorporation and restructuring transactions, and assess share transfer, investment, sponsorship and facility operation agreements, as well as the liability of directors and past debts. Licence, registration, visa and transfer eligibility matters are handled under the applicable federation regulations.
Our work further extends to disciplinary defences, applications to federation boards and sports arbitration bodies, disputes before FIFA, UEFA and the CAS, doping investigations and interim measures, sponsorship, advertising, broadcasting and image rights, criminal investigations concerning match-fixing, incentive payments and betting, and esports player contracts and digital broadcasting rights.
Frequently Encountered Disputes
Among the disputes most frequently encountered in sports law are claims for unpaid remuneration and bonuses and disputes over the termination of contracts. Not every payment delay gives rise to a right of termination for just cause; the contract or the relevant federation regulations may require a formal notice, a waiting period or an additional period to remedy the default. A termination not carried out in accordance with the required procedure may expose the party to compensation or sporting sanctions even where a receivable exists.
Transfer disputes frequently concern the transfer fee, training compensation, solidarity contributions, sell-on percentages, purchase options, conditional payments and payment schedules. Disputes also arise between athletes and agents as to whether commission is payable where a transfer has not taken place or a contract has been renewed without the agent's involvement.
Disciplinary matters may arise from match incidents, unsporting conduct, breaches of regulations, insults, violence, betting, match-fixing, incentive payments, the fielding of ineligible players or spectator incidents. Sanctions are not limited to fines and may include suspension from competition, stadium closure, matches behind closed doors, points deductions, deprivation of rights or measures affecting the licence.
Other frequently encountered matters include doping cases, where the sampling procedure, notification, laboratory results, therapeutic use exemptions and the degree of fault are examined; conflicts between club sponsorship rights and athletes' personal sponsorship agreements; and disputes as to the competent forum, since filing an application before the wrong body may result in dismissal on procedural grounds or the expiry of the objection period.
How the Process Works
The process begins with bringing together the contract, any additional protocols, federation records, payment documents, formal notices, notifications and electronic correspondence. The applicable law and federation regulations are then identified, and the competent board, arbitral body or court is determined.
Time limits relating to notification, applications and the transfer window are checked as soon as the file is received. The periods provided before sporting bodies may be considerably shorter than general litigation periods, and a missed transfer window or a disciplinary objection not filed in time may have consequences that are difficult to reverse.
The competent forum is assessed with care. In football, the jurisdiction of the TFF Dispute Resolution Board over contractual disputes generally depends on the parties' acceptance, while it has exclusive jurisdiction over sporting sanctions and training compensation disputes. Decisions of the TFF Arbitration Board concerning the administration and discipline of football are final, whereas for certain other arbitral decisions an action for annulment may be available under the conditions set out in the law.
The sporting and financial consequences are evaluated separately, and a strategy for a formal notice, defence, application or contractual solution is established. In disciplinary matters, match footage, referee and match commissioner reports, the identity of the perpetrator, the elements of the conduct, fault, the reliability of evidence, the right of defence and the proportionality of the sanction are addressed together.
The effect of the decision on the licence, the season plan and its enforceability is also examined, and the proceedings are followed through each stage before the relevant bodies. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.
Legal Disclaimer
This content is for general information only; the facts of each case may differ. The explanations here do not constitute legal advice. Missing a deadline may result in loss of rights; please obtain professional legal assessment for your own matter.