Asters, working with Kellerhals Carrard, has successfully represented the interests of FC Metalist LLC, based in Kharkiv, before the Court of Arbitration for Sport in Lausanne in a case concerning the issue of sports succession and a related claim brought by a former player of FC Metalist PJSC, the football club that has been in liquidation since 2017 due to bankruptcy.
According to Asters, it has "successfully challenged the decision of the Federation Internationale de Football Association to recognize FC Metalist LLC as the sporting successor of FC Metalist PJSC. In 2016, the Ukrainian Association of Football revoked the professional status of FC Metalist PJSC. More than five years later, FC Metalist LLC adopted certain distinctive features of the original debtor, including its name, logo, colors, etc."
The court ruled that, among other things, "such a long period of time is the strongest indication against a sporting succession. It also noted that FC Metalist LLC started its professional career at the lowest level, i.e. in the Second Division, while the original debtor played its last matches in the Premier League, which further supported the position that there is no connection between the two football clubs."
The Asters team included Partner Oleksandr Volkov and Associate Veronika Hodlevska.
