From Serie A to FIFA, EU Court takes on football: “It must answer to ordinary courts”

Brussels – Football cannot be a distinct and separate world, and sports justice cannot be a sphere disconnected from the ordinary justice system. Whether it concerns Italy’s Serie A or the top-tier sporting bodies governed by FIFA, any dispute relating to football must in any case be subject to, or referred to, national and European legislation.  This has been established by the Court of Justice of the European Union, which, in a judgment, ruled that “disciplinary sanctions must be amenable to judicial review that is consistent with EU law,” thereby allowing ordinary courts to overturn decisions taken by sports tribunals.

For Italy, the ruling handed down in Luxembourg carries significant weight, as it concerns the Italian Football Federation (FIGC) and the investigation into alleged fictitious capital gains, which resulted in the former president of Juventus, Andrea Agnelli, and the former chief executive of Juventus, Maurizio Arrivabene, being banned from any football-related activities. Regardless of the names involved, the Court of Justice of the European Union has ruled that “individuals must have an effective legal remedy against acts infringing the freedoms
recognised by EU law, and thus, in particular, against acts imposing sanctions” such as those in question. In order for Member States law to comply with this obligation, it must, first and foremost, “allow individuals to bring an action before a court or tribunal having the
power to annul those sanctions and, if necessary, to order interim measures.” Furthermore, the court must be independent and “governed by law.”

 Italy and all EU Member States are therefore called upon to reform the justice system so that sports tribunals are no longer above the ordinary courts. This call comes on top of the one already put forward by Advocate General Tamara Capeta, to take FIFA and its decisions to court, to start holding it accountable and to cease acting as the sole ruler of professional football. 

https://www.eunews.it/2023/10/25/multi-club-calcio-mercato-unico-breton/ 

Separately, the Court of Justice also issued a ruling on FIFA and football agents and representatives, which once again turns the spotlight on the excessive freedom in the world of football. The judges in Luxembourg maintain that “FIFA may be regarded as
occupying a dominant position on the market of agent services as regards the international transfer of professional
players and coaches and on the employment market for players and coaches, a position resulting from the regulatory,
supervisory, and sanctioning power it exercises in respect of those markets.” The ruling now raises issues of competition and compliance with the rules of the European single market. It is up to the national court to determine whether there has been any abuse, and this ruling effectively subjects FIFA to the ordinary courts. 

In addition, FIFA’s regulations “constitute obstacles to the fundamental freedom to provide services” insofar as they “limit multiple representation.” Also, FIFA regulations that make the granting of an agent’s licence conditional upon agents not being subject to certain criminal or disciplinary measures are contrary to EU law. Here too, it is for the national courts to determine whether there have been breaches of European law, which Member States are required to comply with and ensure compliance with.