Sports Law

Sport has always played a key role in international relations. Article 165 of the Treaty on the Functioning of the European Union (TFEU) specifies that the European Union contributes to developing the European dimension in sport. However, the Court of Justice of the European Union (CJEU) has recalled in the past that sport must not hinder the application of the competition rules set forth in Article 101 (cartels and other agreements that disrupt free competition) and Article 102 (abuse of dominant position) of the TFEU.

The three judgments issued by the CJEU on December 21, 2023 have generated as much discussion as the “Bosman” judgment in 1995 which prohibited the imposition of quotas on foreign players in European soccer.

This article discusses the most notable of the three judgments, i.e., the so-called “Super League” judgment.

Sport… a universal communion, beyond political regimes, religions…

The transferal of players from one continent to another, first from North Africa then from sub-Saharan Africa, the call, thanks to Spain and Portugal, of South America, while players from the Far East, China, Japan, or South Korea now join European soccer clubs, enriching English, French, German or Italian clubs with their talent.

And then, sometimes sparked off by national political clashes, and also now by confrontations between States and Nations, these translate in violent demonstrations, seemingly unrelated to each other.

As announced in our December 2014 e-newsletter, following FIFA’s decision to ban Third-Party Ownership (“TPO”) arrangements worldwide, the French Professional Football League (“LFP”) had decided to launch a fact-finding mission with the League 1 and League 2 professional clubs, as well as participants in TPO arrangements, the players’ union, and sports agents who have already […]

The professional football industry, a thriving business (increased TV rights, emergence of major sportswear and football equipment suppliers, implementation of new economic models by football clubs through the ownership of stadiums where people can now do many things other than just watching a game, etc.), naturally strives to ensure the integrity and loyalty of sports […]