This article examines
whether arbitral proceedings before Arbitral Panels established under the
procedural rules of the Court of Arbitration for Sport (CAS) breach the
interpretative monopoly of the Court of Justice of the European Union (CJEU)
over the definitive interpretation of EU law. As a starting point, the
contribution briefly outlines the relationship between the Union’s legal order
and sports rules up to the judgment of the CJEU of December 2023 in
International Skating Union (ISU) v. Commission, whose findings concerning competition
law are scrutinised in view of the case law of CJEU on the autonomy of Union
law. In this respect, it concludes that incompatibility with the latter
principle cannot be ruled out due to the exclusive jurisdiction of the Swiss
Federal Supreme Court (FSC) to hear appeals against CAS awards within the scope
of the EU treaties. In conclusion, the article discusses select possibilities
designed to ensure, on the one hand, unity and consistency in the
interpretation of international sports rules and, on the other hand, respect
for the autonomy of EU law.