European Court

After had been given place the action in the appeal, the Belgian judge pitched the thing – because of the cross-border importance – the European Court of Justice, also turned to the side of the applicant employee. Personal career planning versus the interests of Association seemed an almost catastrophic effect to have the decision of the judge for the national and international football associations. So far the sports clubs organized in the national associations had invested even a portion of the funds at the disposal in the junior training or paid this money in the form of a training compensation to a different Club when a ready-trained players signed. This arrangement ensured the distribution of money from the big clubs who could make profits by taking part in the international competition to the smaller clubs, intensely devoted to the training of young athletes. The sportsman himself was however easy this model at the mercy of conflicting interests. Because the issuing association could prevent game licences for a different Club after ending the contractual ties, the most important negotiations between the clubs and not between the player and his future desire Club took place. If the amount of transfer or training fee by the issuing association could be set free, it was easy to avoid changing the player’s unwanted Club for those responsible. This way players before the election could be, to accept connection agreements to deteriorated conditions or to stay for a long time without a contract and without playing and training opportunities.

Against such methods Jean-Marc Bosman successfully continued to fight back in court. Unlimited possibilities for EU foreigners a further restriction of intra-European freedom of movement for workers, that professional sports team, was up to the legal force of the Bosman ruling is to limit the number of foreign football players that were allowed to be used in competition mode in a team. Here, too, the judges of the European Court of Justice recognized a clear violation of the provisions of the EC Treaty guaranteeing freedom of movement to all workers within the associated States. The officials of the national federations and there organized clubs suspected danger to competitiveness, when foreign athletes without any restrictions in EU countries would be eligible to play. They feared that the youth work in different countries should suffer that foreign players for low content could appear and take the start options so the young players. The missing game practice of their own offspring would then the national teams in international comparison weaken. The numerical limit for foreigners from the area of the EU, was actually first limited after the Bosman ruling. In the meantime, also the limit for players from non-EU countries has been lifted.

The European football show have not lost their competitiveness against all expectations. Contact Flegl sports management attorney Dr. Jochen Flegl bird Valentina str. 32 70197 Stuttgart phone: 0151 20985680