A ruling delivered by the Civil Court on Friday morning granted an injunction in favour of Ivan Nagaev of Neptunes WPSC, temporarily halting the enforcement of a newly introduced rule by the Aquatic Sports Association of Malta.
The injunction was filed by Neptunes WPSC after the ASA introduced new regulations concerning “home-grown players.”
Under the revised rules, Ivan Nagaev — who was born in Russia but has since obtained Maltese citizenship — would have been prevented from being registered freely as a Maltese player for this year’s summer championship.
The applicants argued that the regulation was unlawful because it allegedly breached the Association’s statute and was also discriminatory, potentially conflicting with European Union law.
According to existing ASA regulations, each water polo club is permitted to field only one foreign player during competitions. Rules approved in February defined a “home-grown player” as an individual who had participated in ASA-recognised junior competitions for at least three seasons between the ages of 12 and 20.
The regulations also stated that players who had already completed three full competitive seasons before the introduction of the rule could continue to be registered as home-grown players.
As Ivan Nagaev did not meet these requirements, Neptunes WPSC would have been required to register him as a foreign player under the new framework.
In its application, the club stated that Nagaev is a professional water polo player who has competed both in Malta and internationally, and noted that he was granted Maltese citizenship on merit last December in recognition of his contribution to the sport.
Neptunes WPSC requested that the Civil Court issue a warrant of prohibitory injunction to stop the ASA from enforcing the rule until the main case is decided. The club argued that, without intervention, Nagaev would be unable to properly participate in the upcoming season and would suffer immediate and irreversible harm.
In assessing the request, the court applied the legal principles governing prohibitory injunctions under Maltese law, which require proof of both a prima facie right and urgent, irreparable harm.
The court found that both conditions had been met. It noted that the contested rule appeared, at first glance, to have been introduced in breach of the Association’s statute, as such amendments should have been approved during an Annual General Meeting rather than by the Council. This interpretation was also reportedly confirmed by the Association’s president.
The court further observed that the statute provides stability in player registration regulations and found that the sudden amendment undermined legal certainty and predictability for players.
It also examined the broader legal implications of the regulation, noting that Nagaev is now both a Maltese citizen and a citizen of the European Union. Classifying him as a foreign player raised concerns related to the free movement of workers and equal treatment principles under EU law.
Additionally, the court determined that the potential harm extended beyond financial losses and could negatively affect the player’s career development, competitive opportunities, and professional reputation. Since the rule was set to take effect at the beginning of the upcoming season, the court concluded that the harm was imminent and warranted urgent action.
The court dismissed the ASA’s argument that the decision could not be challenged because it had already been taken, stating that the injunction sought to prevent future harm rather than reverse previous actions. It also noted that granting the injunction would maintain the existing regulatory framework until the case is decided on its merits.
The court ultimately ruled that all legal requirements had been satisfied and granted the warrant of prohibitory injunction, ordering the Aquatic Sports Association of Malta not to enforce the contested rule until a final judgment is delivered.
Lawyers Arthur Azzopardi, Ramona Attard, and David Chetcuti Dimech appeared on behalf of Ivan Nagaev and Neptunes WPSC.
The case was presided over by Judge Aaron Bugeja.
