Sports Law in Switzerland

The regulatory environment of professional sports in Switzerland is a unique combination of sports organizations independence, global standards compliance, and an emphasis on the safety of athletes. The governance structure grants constitutional autonomy to sports bodies like IOC and FIFA which are organized as Swiss associations for flexibility, immunity from state interference and favourable taxation.

On-field liability comes from the rules established by sports bodies whereas civil liability is regulated by the Swiss Code of Obligations. The conflict resolution is usually arbitration, especially by CAS (Court of Arbitration for Sport) which is effectively enforced by FIFA. Doping regulation is comprehensive and is based on WADA standards.

Financial controls include licensing for stability with UEFA Financial Fair Play Regulations regulating football clubs. CAS is a major forum in dispute resolution while FIFA implements the final CAS awards. The protection of rights to image requires athletes to grant licenses to clubs for commercial purposes.

The broadcasting rules represent the advertising and public availability of major events. Unions like the Swiss Association of Football Players support the right to fair labor but the amount of membership of the union cannot be limited. Immigration factors include work permits and visas which vary between EU and non-EU citizens as well as residence rights to family members.

In employment, athletes are under fixed-term contracts, and restrictive covenants are deemed unreasonable. Child protection rules have been implemented to make a compromise between participation in sports and the welfare of young athletes.

The scope of representation includes club and country contractual arrangements, and the tax aspects for foreign athletes include minimal tax liability and value-added tax. Therefore, in general, the Swiss regulation is balanced, providing autonomy to sports bodies but also focusing on international standards and athletes’ well-being.

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Source :

Fehr-Bosshard, D., Gassmann, J. D., Prinz, M. P., JäGgy, M., & Schmidt, N. T. (2019, October 16). Sports law in Switzerland. Lexology. https://www.lexology.com/library/detail.aspx?g=6b3f5615-3b1a-4c9d-aba5-a0329d3efaf3

Photo by Jorge Romero>