A decision delivered by the Civil Court on Friday morning granted an injunction in favour of Neptunes WPSC player Ivan Nagaev, suspending the application of a new rule introduced by the Aquatic Sports Association of Malta.
The injunction was filed by Neptunes WPSC against the Aquatic Sports Association of Malta (ASA) following the introduction of new “home-grown player” rules.
The new rules would prevent the Russian-born player Ivan Nagaev from being fielded freely as a Maltese player in this year’s summer championship, despite having been granted Maltese citizenship.
The applicant argued the new regulation was both illegal, as it breached the Association’s statute and also discriminatory, potentially conflicting with EU law.
Under existing ASA rules, each water polo club is allowed only one foreign player in the water during competitions. The regulations approved in February define a “home-grown player” as one who has participated in ASA-recognised junior competitions for a minimum of three seasons between the ages of 12 and 20.
They further provide that player who had already completed three full competitive seasons prior to the introduction of the rule may continue to be registered as home-grown players
Under the new regulations, Neptunes would be unable to field Nagaev as a Maltese player. Since Nagaev does not meet these criteria, he would not qualify for home-grown status and would therefore be required to be fielded as a foreign player.
In their application, Neptunes argued that Nagaev is a professional water polo player who has competed both locally and abroad, and that in recognition of his contribution to the sport, he was granted Maltese citizenship on merit last December.
The applicant therefore requested the Civil Court to issue a warrant of prohibitory injunction to prevent the ASA from enforcing the rule until the main case is decided, requesting the court to temporarily suspend the application of the rule. They argued that Nagaev would otherwise be unable to participate properly in the upcoming season and that the harm suffered would be immediate and irreversible.
In considering the request, the court applied the established principles governing warrants of prohibitory injunction under Maltese law, which require the applicant to demonstrate both the existence of a prima facie right and the presence of urgent and irreparable harm.
The court found that these requirements were satisfied. It held that the contested rule appeared, at first glance, to have been introduced in breach of the Association’s own statute, since such amendments should have been approved by the Annual General Meeting rather than by the Council. This point was also confirmed by the Association’s President.
The court further noted that the statute guarantees stability in player registration rules and that the sudden change undermined legal certainty and predictability for players.
The court also considered the broader legal implications of the rule, noting that Nagaev acquired Maltese citizenship and is also a citizen of the European Union. Treating him as a foreign player raised concerns relating to the free movement of workers and the principle of equal treatment under EU law.
In addition, the court emphasised that the harm alleged by the applicant was not merely financial but extended to the player’s career progression, competitive performance and professional reputation. Given that the rule was about to be applied at the start of the upcoming season, the harm had not yet materialised but was clearly imminent, justifying urgent intervention.
The court rejected the respondent’s argument that the matter could not be challenged because the decision had already been taken, stating that the measure sought was intended to prevent future harm rather than undo past acts. It also observed that granting the injunction would simply preserve the existing regulatory framework until the case is decided on its merits.
The court ruled that all the necessary legal requirements had been met and granted the warrant of prohibitory injunction, ordering the Aquatic Sports Association not to enforce or apply the contested rule until the final determination of the case.
Lawyers Arthur Azzopardi, Ramona Attard and David Chetcuti Dimech are appearing for Nagaev and Neptunes WPSC.
Judge Aaron Bugeja presided over the Civil Court.
