From Bosman to Bernard C-415/93; [1995] ECR I-4921 to C-325/08; [2010] ECR I-2177

Abstract

The Bosman (Full citation: Case C-415/93 Union royale belge des sociétés de football association ASBL v Jean-Marc Bosman, Royal club liégeois SA v Jean-Marc Bosman and others and Union des associations européennes de football (UEFA) v Jean-Marc Bosman [1995] ECR I-4921) proceedings involved a reference from the Court of Appeal, Liège in Belgium seeking a preliminary ruling on two questions raised by a Belgian-born professional footballer, Jean-Marc Bosman, and relating to the compatibility with EU law of certain player transfer rules then applying in European professional football. The questions referred to the Court of Justice of the European Union (CJEU) by the Court of Appeal, Liège for a preliminary ruling were as follows: Articles 48, 85 and 86 of the Treaty of Rome of 25 March 1957 to be interpreted as (i) prohibiting a football club from requiring and receiving payment of a sum of money upon the engagement of one of its players who has come to the end of his contract by a new employing club; (ii) prohibiting the national and international sporting associations or federations from including in their respective regulations provisions restricting access of foreign players from the European Community to the competitions which they organise? In answer, the CJEU held that Article 48 of the EEC Treaty (free movement of workers) precluded the application of rules laid down by sporting associations, under which a professional footballer who is a national of one Member State may not, on the expiry of his contract with a club, be employed by a club of another Member State unless the latter club has paid to the former club a transfer, training or development fee. It also held that Article 48 of the EEC Treaty precluded the application of rules laid down by sporting associations under which, in matches in competitions which they organise, football clubs may field only a limited number of professional players who are nationals of other Member States. The impact that the Bosman judgment has had on the legal, administrative and financial landscape of professional football in Europe has been profound and is accounted for in this chapter with reference inter alia to recent case law, such as the Bernard proceedings, (Full citation: Case C-325/08 Olympique Lyonnais SASP v Olivier Bernard and Newcastle UFC [2010] ECR I-2177) and also the continuing debate on efforts to promote “homegrown” players in professional football.

Stefaan Van den Bogaert, Professor of European Law and Director of the Europa Institute.