DENMARK Law and Practice Contributed by: Frederik Bruhn, Rasmus Theis Madsen, Robert Jønsson and Tim Krarup Nielsen, HortenDahl Law Firm
6. Dispute Resolution 6.1 Role of National Court Systems
Football Arbitration Court Under the Act of DBU, organisations, clubs, players, coaches, third parties, etc, must accept that certain disputes are settled by the Football Arbitration Court, which serves as the primary dispute resolution body for civil disputes between clubs and players or coach - es within Danish football. It handles disputes related to: • employment and salary issues between players and clubs; and • sponsorship and commercial disputes affecting players. The Football Arbitration Court does not have jurisdic - tion over international disputes, which remain under FIFA or CAS jurisdiction. Use of Arbitration Disciplinary disputes, such as those involving match- fixing, doping or spectator misconduct, are generally resolved within the internal disciplinary committees of the relevant sports federations. The Role of CAS in Danish Sports CAS plays a significant role in Denmark, particularly in international disputes and disciplinary appeals. Many Danish sport governing bodies have incorporated CAS arbitration clauses to ensure access to special - ised sports adjudication. 6.3 Sanctions, Remedies and Challenges Autonomy of Sports and the Role of Governing Bodies Danish sports operate under the principle of sporting autonomy, meaning that federations have broad pow - ers to regulate and enforce their own rules, including imposing disciplinary measures and financial sanc - tions. However, this autonomy is subject to Danish and EU law. Appealing Decisions of Sports Governing Bodies Disciplinary decisions issued by Danish federations, such as DBU or other national governing bodies, are first appealed internally within the sport’s dispute res - olution system. DIF’s Board of Appeal serves as the highest instance in Danish sports governance, review - ing cases related to match-fixing, doping, child pro -
Jurisdiction of National Courts in Sports Disputes In Denmark, the national courts primarily handle civil disputes related to property law, employment law and contractual matters in the sports industry. This includes breach of sponsorship contracts, disputes between clubs and players, conflicts between agents, and managerial disputes, such as the Kevin Magnus - sen case heard before the High Court in 2021. Simi - larly, Danish courts have ruled on the unauthorised commercial use of athletes’ image rights. These disputes do not fall under disciplinary sports law and are typically adjudicated through ordinary courts or arbitration. However, Danish sports governance emphasises resolving disputes within sports organisations before they reach the national courts. Sports federations require athletes, clubs and other stakeholders to exhaust internal dispute resolution mechanisms, such as the Football Arbitration Court, before seeking inter - vention from national courts or arbitration bodies. Sports Federations and Internal Dispute Resolution Danish sports organisations are structured under a hierarchical, association-based model, reflecting Den - mark’s tradition of voluntary sports associations. Each sport’s governing body maintains its own internal disciplinary system, with decisions generally subject to appeal before DIF. Despite this internal structure, national courts may intervene if a dispute involves fun - damental legal rights, such as employment protec - tions, contract breaches or competition law violations. 6.2 ADR Mechanisms Alternative Dispute Resolution in Danish Sports Dispute resolution in Danish sports typically occurs within the internal mechanisms of sports federations, through national arbitration panels, or ultimately via CAS. Many sports contracts contain arbitration claus - es that require disputes to be resolved outside the national courts, referring disputes to CAS or a national arbitration panel, ensuring specialised adjudication.
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