After a failed attempt to refer its case to the Court of Arbitration for Sport (CAS), a club must obtain an urgent injunction from the judge to be allowed to field a suspended player in the European finals.
LIBRA LAW was appointed on 7 May 2025; on Friday 9 May, super-provisional and provisional measures were filed with the court. On Tuesday 13 May, the judge granted the urgent measures requested, suspending the effects of the sanction and authorising the player to participate in the matches scheduled for 16 May, 30 May and 1 June 2025. A reasoned order for provisional measures was issued on 26 May after all parties had been given the opportunity to express their views in writing: the club received confirmation that it would indeed be able to field the suspended player.
Two lessons can be learned from this procedure, which was settled in a matter of days: (1) Article 28 of the Swiss Civil Code, which protects personality rights, offers effective protection against disproportionate disciplinary sanctions; (2) ordinary courts can act very quickly when the urgency of competitions so requires.
In contrast, the CAS took more than two months to rule on the request for provisional measures before declining jurisdiction.
