BELGIUM Law and Practice Contributed by: Sven Demeulemeester, Willem-Alexander Devlies and Daan Buylaert, ATFiELD
frameworks. These sanctions must comply with principles of due process, proportionality and fairness to be legally enforceable. If an athlete, club or stakeholder wishes to challenge a deci - sion made by a sports governing body, then they typically have the following legal remedies. • Internal appeals mechanisms – most sports federations have internal appeals committees that review decisions before external legal proceedings can be initiated. • Arbitration before CBAS/BAS – the Belgian Court of Arbitration for Sport is the primary forum for contesting sports-related discipli - nary and financial sanctions. • Judicial review by the Council of State – if a sports body’s decision affects fundamental legal rights or violates public law principles, then the decision can be challenged before the Council of State. • Civil court actions – in cases involving con - tractual breaches or damages claims, the par - ties may seek recourse through the Belgian civil courts. Notable cases include challenges to financial fair play regulations, disputes over player trans - fers, and challenges to disciplinary sanctions imposed on clubs and athletes. The Belgian courts have generally been reluctant to inter - vene in purely sporting matters unless there is evidence of procedural unfairness or violations of fundamental rights.
regulations. These contracts must comply with Belgian labour laws regarding wages, benefits and termination rights. Central player contracts are rare in Belgium, as clubs generally negotiate individual agreements with players. Salary caps are not widely used in Belgian sports, except where imposed by international federations. Restraint of trade and competition laws apply to sports employment, ensuring that contractual restrictions do not unfairly limit athletes’ career opportunities. Disputes over employment con - tracts often arise concerning transfers, termina - tions and unpaid wages. 7.2 Employer/Employee Rights Sports governing bodies in Belgium must com - ply with national labour laws, including regu - lations on working conditions, social security and collective bargaining agreements. Employ - ment disputes often relate to wrongful dismiss - als, contract breaches or disputes over image rights. A notable case involved a professional footballer challenging a club’s decision to ter - minate his contract early, arguing it violated Bel - gian employment protections. The labour courts upheld the player’s rights, reinforcing the legal protections for athletes. 7.3 Free Movement of Athletes Belgium, as an EU member state, follows the principles of free movement of workers under EU law. This means that governing bodies cannot impose quotas on EU athletes. However, non- EU athletes may require work permits and visas to compete in Belgian leagues. Certain leagues impose nationality restrictions for competitive balance, but these must comply with EU law, as seen in cases like the Bosman ruling, which prohibited restrictions on EU players moving between clubs.
7. Employment 7.1 Sports-Related Employment Contracts
In Belgium, professional athletes are typically employed under fixed-term contracts governed by Belgian employment law and sector-specific
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