The Suspension of Greek Football: An Impending Reality

Self-regulation is the necessary aspect that characterises the existence of two of the most important sporting governing bodies in the world: FIFA & UEFA. Their particular insistence on protecting self-regulation has been misinterpreted by many commentators and stakeholders in Greece. As a result, Greek football is now fast approaching a word-wide embarrassment. 

A few days ago, a member of the Board of Panathinaikos FC filed a private prosecution against the Hellenic Football Federation [HFF] and its handling of football referees. This private prosecution was followed by an injunction of two Regional Football Unions of the HFF against HFF's elected administration. The injunction will be heard on 11 June 2013 in Athens and if the court decides to grant a temporary relief against the HFF, FIFA and UEFA will initiate proceedings against the HFF.

We need not remind our readers that any litigation before national courts, may trigger FIFA's and UEFA's wrath, as such litigation is deemed a dangerous threat to self-regulation and a potential violation of regulations regarding national disputes.

Stakeholders in Greek football seem to confuse the private rights of individuals and their protection by the Hellenic Constitution, with the ability of sporting governing bodies to apply self-regulation in the world of football. The discussion, so far, particularly in Greece, has failed to identify and consider one very important parameter, which describes the essence of self-regulation in football: internal dispute resolution.

Greek stakeholders appear to place emphasis on the argument that a citizen's freedom to enforce rights protected by the Hellenic Constitution, prevails over the binding nature of the regulatory frameworks established by FIFA and UEFA. Should litigation continues before national courts, both FIFA and UEFA would interpret this as a direct attempt, by their member, to violate specific regulations and the sanction of expulsion may be considered as the appropriate and proportionate response.

Unfortunately, many national administrators fail to comprehend that the intention of the legislator is to ensure that all football disputes must be dealt with internally, without the need, for members, to seek remedies before national courts. A possible claim against FIFA and UEFA will highly likely fail the test of the 'sporting exception', a principle which has been repeatedly cited and observed by the European Commission. In addition, those who are concerned with the lack of alternatives, only have to look at the HFF, who, like the Scottish Football Association [SFA], has decided to make appeals to the Court of Arbitration for Sport [CAS] almost impossible.

This is a private sporting dispute and as such it is governed by the appropriate regulatory frameworks currently in place. As national litigation of sporting disputes is explicitly prohibited by FIFA and UEFA, such national disputes may prove detrimental to the future of the 2004 European Championship winners. FIFA will most certainly expel the national team from the qualifying rounds of the World Cup 2014 and if UEFA follows suit, then no Greek teams will participate in European competitions. This will be an unfortunate development for Greek football, who is already suffering severely by the current financial situation in Greece and the lack of investment. 

A possible expulsion of Greek football from international competitions, could also trigger further litigation, as several players and their contracts would be affected, broadcasting rights would have to be re-negotiated and in the absence of reasonable solutions to such disputes, litigation would be unavoidable. As we are advising a number of interested parties who are connected to Greek football, we have already been instructed to seek ways to protect the rights of the affected parties.

We only hope that prudence will prevail and those responsible for running Greek football, would realise that this is the perfect opportunity for competent, able, transparent and honest people to be in charge. Alternatively, they will have to start preparing for a rather harsh reality...

Dr. Gregory Ioannidis

28 May 2013