ANTITRUST | AG Szpunar delivers his Opinion on FIFA’s rules on the status and transfer of players.

On 30 April 2024, Advocate General (“AG”) Szpunar issued his Opinion in case C-650/2022 (FIFA v BZ). The case concerned a preliminary ruling request (“Request”) submitted by the Cour d’appel de Mons to the European Court of Justice (“ECJ”). The Request concerned the compatibility of certain provisions of FIFA’s Regulations on the Status and Transfer of Players (“RSTP rules”), which regulate disputes between a player and a football club arising from the termination of the contract without just cause, with Article 45 of the TFEU on the free movement of workers and Article 101 TFEU on the prohibition of cartels. According to the AG, the RSTP rules were incompatible with Article 45 TFEU. Not only do they disincentivise football clubs from hiring players because of the connected financial risks, but they also deter players from joining a club established in another Member State. Furthermore, the AG proposed that the ECJ deem the RSTP rules to be a restriction to competition by object in violation of Article 101 TFEU. They prevent players from changing clubs and hinder new clubs from recruiting new players, thus impacting competition between clubs on the market for the acquisition of professional players.

Newsletter n. 96 – May 2024