Op-Ed: “A Tale of Two Sui Generis Systems: The Case of RFC Seraing (C 600/23) in Front of the Court of Justice”

The relationship between the Court of Justice and the Court of Arbitration for Sport (CAS) has taken central stage once again, with the pronouncement of (yet) another case concerning a CAS award. On the 1st of August, in the midst of the summer, the Court of Justice rendered a much-awaited RFC Seraing (C‑600/23) judgment on sports arbitration and effective judicial protection. The Court of Justice found that CAS awards dealing with disputes concerning an economic activity within the territory of the European Union are subject to extensive judicial review in light of EU public policy.

The Facts of the Case

Unlike in International Skating Union (C-124/21 P), which pitched athletes against a sport association, the case at hand