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THE BOSMAN CASE

E u r o p e a n C o u r t o f J u s t i c e S p o r t a n d t h e L a w. THE BOSMAN CASE. C-415/93. . Snežana Jovanović and Milovan Rankov 02 nd June 2011. EU law is of huge importance for the football industry throughout the world EU Law - the football Transfer System

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THE BOSMAN CASE

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  1. E u r o p e a n C o u r t o f J u s t i c e S p o r t a n d t h e L a w THE BOSMAN CASE C-415/93. Snežana Jovanović and Milovan Rankov 02nd June 2011

  2. EU law is of huge importance for the football industry throughout the world • EU Law - the football Transfer System • The Bosman Case was a legal decision made by the European Court of Justice in 1995. THE BOSMAN CASE

  3. Before the Bosman case: • - a football player could only move to another club with the agreement of both clubs; • - "transfer fee" (the buying club actually purchased the player from the selling club); • - the quota systems (only a limited number of foreign players could play in a particular match). THE BOSMAN CASE

  4. The rules governing the organisation of football • - The national associations are members of the FédérationInternationale de Football Association (‘FIFA’), an association governed by Swiss law, which organizes football at world level. • - The confederation for Europe is UEFA, also an association governed by Swiss law • - Football associations or federations in each of the Member States • - URBSFA is the Belgian national association • - The UEFA and FIFA regulations are not directly applicable to players but are included in the rules of the national associations, which alone have the power to enforce them and to regulate relations between clubs and players. THE BOSMAN CASE

  5. Facts of the case • - MrBosman, a professional footballer of Belgian nationality, was employed from 1988 by RC Liège, a Belgian first division club, under a contract expiring on 30 June 1990; • - MrBosman refused to sign it and made contact with US Dunkerque, a club in the French second division; • - Contract was also concluded between RC Liège and US Dunkerque for the temporary transfer of MrBosman for one year; • - neither contract took effect. • - On 8 August 1990, MrBosman brought an action against RC Liège before the Tribunal de Première Instance (Court of First Instance), Liège; • - On 28 May 1991, the Courd’Appel, Liège, revoked the interlocutory decision of the Tribunal de Première Instance and: • - Upheld the order against RC Liège to pay monthly advances to MrBosman; • - URBSFA to make MrBosman available to any club which wished to use his services, without it being possible to require payment of any compensation fee. THE BOSMAN CASE

  6. Freedom of movement for workers: One of the fundamental principles of the Community. • Nationals of Member States have in particular the right, which they derive directly from the Treaty, to leave their country of origin to enter the territory of another Member State and reside there in order there to pursue an economic activity. THE BOSMAN CASE

  7. Implications of the Bosman case • 1. Longer contracts • 2. Higher wages • In 2000, the European Commission announced that it was taking action against the football authorities. THE BOSMAN CASE

  8. New transfer regulation: • 1. Two transfer windows • 2. Independent arbitration system • 3. Suspension for players who breach contracts THE BOSMAN CASE

  9. Case of Serbia • -Discrimination • - Two transfer windows • - 5 years is the longest period of contract THE BOSMAN CASE

  10. THE BOSMAN CASE The End of the Transfer System ?

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