Neptunes player Ivan Nagaev granted injunction to suspend ASA’s new homegrown rules

According to the ASA regulations, each water polo club can have only one foreign player on their books.

Russian-born player Nagaev was handed a Maltese passport on merit last December and represented the water polo national team at both the European Championship finals that were played in Belgrade last January as well as the World Cup Division II that were held in Malta this month.

The new regulation changed the status of homegrown players and and defined them as those who participated in ASA-recognised local junior competitions for a minimum of three full competitive seasons between the ages of 12 and 20.

Added to that, any player who was eligible to participate in senior competitions as a Maltese national up to the end of season 2025, under the statutes and regulations then in force, may continue to be registered and fielded as a home-grown player. 

Since Nagaev did not play with homegrown status in last season’s competition, he will become ineligible to play as a Maltese player, forcing Neptunes to field him as a foreign player.

Nagaev argued the new regulation was both illegal, as it breached the ASA’s statute and also discriminatory, while also going against European Union regulations.

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 ASA president Karl Izzo.

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 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.

Nagaev and Neptunes WPSC were represented by lawyers Arthur Azzopardi, Ramona Attard and David Chetcuti Dimech.