POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
These systems are independent from one another and may operate in parallel with criminal proceedings. Disciplinary Proceedings Conducted by Polish Sports Federations Standard disciplinary proceedings conducted by Pol - ish sports federations generally include the following stages. • Preliminary investigation: (a) collection of documentation; (b) analysis of evidence; and (c) opportunity for the accused person to submit explanations. • Commencement of disciplinary proceedings: (a) initiation of proceedings where a suspected disciplinary breach is identified; (b) examination of the case by the competent disciplinary body; and (c) issuance of a disciplinary decision. • Appeal proceedings: (a) appeal to a higher disciplinary body within the relevant sports federation; or (b) filing a claim with the Court of Arbitration for Sport at the Polish Olympic Committee. Anti-Doping Proceedings Anti-doping proceedings constitute a separate frame - work from disciplinary proceedings conducted by sports federations. They are administered by POLADA and the Disciplinary Panel established under the Act on Combating Doping in Sport. Typical anti-doping proceedings include the following stages: • Anti-doping control and sample analysis: (a) collection of samples by authorised doping control officers; and (b) laboratory analysis carried out by an accred - ited laboratory. • Notification of an adverse analytical finding: (a) the athlete is informed of the result; and (b) the athlete is given the opportunity to request analysis of the B sample. • Formal charge by POLADA (a) POLADA notifies the athlete of an alleged anti- doping rule violation; and
(b) the athlete is informed of the right to have the case examined by the Disciplinary Panel. • Proceedings before the Disciplinary Panel: (a) the case is adjudicated based on WADC principles implemented in Poland through the POLADA Anti-Doping Rules. • Appeal proceedings: (a) for national-level athletes – appeal to the second-instance Disciplinary Panel; and (b) for international-level athletes – appeal to CAS. Beyond sponsorship and broadcasting, the commer - cialisation of sport in Poland also includes ticketing, merchandising, hospitality and the exploitation of ath - letes’ and clubs’ image rights. Ticketing Ticketing is a key revenue stream for sports organisa - tions, particularly in disciplines with large fan bases such as professional football. Most professional sport - ing events qualify as “mass events” under the Act on the Safety of Mass Events of 20 March 2009, which imposes specific security and organisational obliga - tions on event organisers. Although ticket sales are typically managed by clubs or competition organisers, distribution is often out - sourced to specialised ticketing providers operating online sales platforms. While Polish law does not gen - erally prohibit secondary ticket resale, organisers fre - quently impose contractual restrictions and may limit resale to official platforms. Ticket touting – purchasing tickets for resale at a profit – constitutes an offence under the Polish Petty Offences Code. Merchandising and Hospitality Merchandising and hospitality rights represent impor - tant commercial assets for sports organisations. Mer - chandising relies primarily on trade mark protection and licensing arrangements, while hospitality pack - ages (eg, VIP areas or “skyboxes”) are commonly offered to sponsors and corporate partners as part of broader commercial partnerships. 2. Commercial Rights 2.1 Sports-Related Rights
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