MOROCCO Trends and Developments Contributed by: Karim Adyel, ADYEL LAW FIRM
uncertainty regarding VAT, income tax, and capital gains. Disputes with tax authorities are increasing. Compar - ative experience in France and Spain demonstrates that dedicated fiscal regimes enhance compliance, transparency, and competitiveness. Employment Law and Athletes’ Contracts Interaction with labour law Professional athletes are subject to the Moroccan Labour Code through Article 14 of Law No 30-09. This creates structural tension between general employ - ment principles and sporting specificities. Labour law is designed for stable and continuous employment, whereas sport is characterised by per - formance-based evaluation, transfer systems, and short-term cycles. Contract duration and stability FIFA regulations allow contracts of up to five years. Moroccan labour law restricts the use of fixed-term contracts. Courts have requalified several sporting agreements as indefinite-term contracts. CAS jurisprudence, including CAS 2017/A/5174 and CAS 2021/A/7928, emphasises contractual stabil - ity and proportionality. These principles increasingly CAS case law, notably CAS 2014/A/3707 and CAS 2016/A/4492, has developed objective criteria for “just cause”, including non-payment of salaries and unjus - tified exclusion. Moroccan courts do not always apply these stand - ards consistently. Greater harmonisation is required to ensure predictability and fairness. Sports Arbitration in Morocco Domestic arbitration mechanisms The Moroccan Chamber of Sports Arbitration was cre - ated within the National Olympic Committee. It aims to provide specialised and efficient dispute resolution. influence domestic practice. Termination and just cause
Despite its mandate, its caseload remains limited due to lack of awareness, limited jurisprudence, and enforcement challenges. Interaction with CAS Moroccan stakeholders regularly appear before CAS. Notable cases include Wydad AC v CAF (CAS 2020/O/6689) and Raja Club Athletic v FIFA (CAS 2019/A/6140). These decisions influence domestic practice and pro - mote alignment with international standards. Enforcement challenges Recognition and enforcement of arbitral awards remain problematic. Procedural delays, jurisdictional conflicts, and resistance from ordinary courts weaken FIFA, CAF, and the IOC impose governance require - ments concerning elections, financial management, gender representation, and transparency. Moroccan federations are progressively adapting. Failure to comply may result in suspension or finan - cial sanctions. Integrity regulation Morocco has adopted legislation on doping, hooligan - ism, and match-fixing. Investigations have increased, particularly in lower divisions. sports arbitration credibility. Governance and Compliance Governance standards However, co-ordination between sports bodies, pros - ecutors, and disciplinary panels remains insufficient. Economic and Commercial Developments Media rights and sponsorship Broadcasting rights represent over 55% of revenues for leading Moroccan clubs. Digital platforms and streaming services are reshaping distribution models. Sponsorship contracts, branding disputes, and image rights litigation are increasing, requiring specialised legal expertise.
227 CHAMBERS.COM
Powered by FlippingBook