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The Revised FIFA Regulations for the Status and Transfer of Players' Compatibility with EC Competition Law-The Transfer System Revisited

Nilsson, David (2006)
Department of Law
Abstract
Following the Bosman verdict from the ECJ in 1995, FIFA, the governing body of football, had to change its rules for the status and transfer of players to bring them in line with EC law. With the threat of an outright prohibition decision against the international transfer system under the EC Competition rules, FIFA reached an agreement with the Commission, in March 2001, on the principles for the amendment of said rules. These principles were later implemented in the revised FIFA Regulations for the Status and Transfer of Players, pre-dominantly regulating the transfer of football players between clubs belonging to different national associations. The rules provide inter alia for the payment of transfer and/or training fees when a player... (More)
Following the Bosman verdict from the ECJ in 1995, FIFA, the governing body of football, had to change its rules for the status and transfer of players to bring them in line with EC law. With the threat of an outright prohibition decision against the international transfer system under the EC Competition rules, FIFA reached an agreement with the Commission, in March 2001, on the principles for the amendment of said rules. These principles were later implemented in the revised FIFA Regulations for the Status and Transfer of Players, pre-dominantly regulating the transfer of football players between clubs belonging to different national associations. The rules provide inter alia for the payment of transfer and/or training fees when a player changes his club affiliation under and at the expiry of his contract. 2006, five years after the initial deal, there still remains a number of question marks regarding the compatibility of the new system with the competition rules of the Treaty. Football does have some peculiar features that need to be taken into account in the application of Articles 81 and 82. These are in particular the maintenance of a balance between clubs by preserving a certain degree of equality and uncertainty as to results. Rules designed to attain those aims are capable of eluding Articles 81 and 82 altogether. Sport and football further have a somewhat special status under EC law, since there are no provisions in the Treaty on sport. The regulation of sport within the EU is also influenced by politics to a great extent. Nevertheless, sport in its economic sphere is subject to the Treaty, including the competition provisions. It is my purpose with this thesis to establish whether the transfer system in place under the FIFA Regulations is compatible with Articles 81 and 82 of the Treaty. (Less)
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author
Nilsson, David
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EG-rätt
language
English
id
1560490
date added to LUP
2010-03-08 15:55:26
date last changed
2010-03-08 15:55:26
@misc{1560490,
  abstract     = {Following the Bosman verdict from the ECJ in 1995, FIFA, the governing body of football, had to change its rules for the status and transfer of players to bring them in line with EC law. With the threat of an outright prohibition decision against the international transfer system under the EC Competition rules, FIFA reached an agreement with the Commission, in March 2001, on the principles for the amendment of said rules. These principles were later implemented in the revised FIFA Regulations for the Status and Transfer of Players, pre-dominantly regulating the transfer of football players between clubs belonging to different national associations. The rules provide inter alia for the payment of transfer and/or training fees when a player changes his club affiliation under and at the expiry of his contract. 2006, five years after the initial deal, there still remains a number of question marks regarding the compatibility of the new system with the competition rules of the Treaty. Football does have some peculiar features that need to be taken into account in the application of Articles 81 and 82. These are in particular the maintenance of a balance between clubs by preserving a certain degree of equality and uncertainty as to results. Rules designed to attain those aims are capable of eluding Articles 81 and 82 altogether. Sport and football further have a somewhat special status under EC law, since there are no provisions in the Treaty on sport. The regulation of sport within the EU is also influenced by politics to a great extent. Nevertheless, sport in its economic sphere is subject to the Treaty, including the competition provisions. It is my purpose with this thesis to establish whether the transfer system in place under the FIFA Regulations is compatible with Articles 81 and 82 of the Treaty.},
  author       = {Nilsson, David},
  keyword      = {EG-rätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Revised FIFA Regulations for the Status and Transfer of Players' Compatibility with EC Competition Law-The Transfer System Revisited},
  year         = {2006},
}