Transforming Transfers? How the CJEU reconsidered FIFA’s Transfer Rules in the Diarra case
In a preliminary ruling[1] handed down on 4 October 2024, the Court of Justice of the European Union (CJEU) issued its latest guidance on the interplay between the rules governing sports, and EU law on competition and the free movement of workers between Member States (BZ v FIFA- Diarra[2]). Specifically, the CJEU found that a selection of FIFA’s Regulations on the Status and Transfer of Players (generically, the Transfer Rules) infringed Articles 45 and 101 of the Treaty on the Functioning of the European Union.
This article examines the Diarra judgement and its potential impact on (i) FIFA's Transfer Rules and (ii) sporting bodies more generally:
- Overview
- The Transfer Rules at issue
- Diarra – factual background
- The CJEU’s Decision
- Key analysis and looking ahead
All paragraph references are to Diarra, unless otherwise stated.
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- Tags: Competition Law | Dispute Resolution | FIFA | Football | Regulation | UEFA
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Written by
André Pretorius
André is a partner in the competition, regulation and trade practice of Herbert Smith Freehills. He works with clients on their most exciting transactional opportunities and their most challenging investigations, whether before the UK competition authorities or the European Union institutions. André is an exceptionally versatile competition and regulatory lawyer, helping clients on the full range of competition work – transactional, investigations, advisory and disputes. He has experience across a wide range of sectors – in recent years he has built up significant expertise in the consumer goods sector, financial services, and the innovative economy.
Helen Bignall
Helen is an of counsel in the competition, regulation and trade practice of Herbert Smith Freehills. She has over 10 years’ experience, specialising in all aspects of EU and UK competition law including cartel and abuse of dominance cases, competition disputes, market investigations and merger control. Helen has extensive experience in competition litigation having advised clients in cases brought before the High Court of England and Wales and the UK Competition Appeal Tribunal. Helen has a particular interest in the sports sector having advised a sports body on its appeal of a Commission Decision to the General Court and on intervening in a case before the UK courts. She is also advising a client on the competition law aspects of its misrepresentation claim before the English High Court in the context of the sale of international broadcasting rights for certain football matches.
Max Kaufman
Max is a senior associate in the competition, regulation and trade practice of Herbert Smith Freehills. He specialises in EU and UK competition law, with particular experience in EU and national merger control filings and antitrust investigations and advice (anti-competitive agreements and abuses of dominance). Max has been involved in cases before the UK competition authorities and the European Commission and has particular experience of the energy, defence, consumer, financial services, pharmaceuticals, telecoms and sports sectors. He also has significant experience in UK regulatory law, particularly in the electricity and gas sector.
Marie Becker
Marie is an associate in the competition, regulation and trade practice of Herbert Smith Freehills, with particular expertise in competition litigation. Marie has advised on complex and high profile competition litigation cases before the UK Competition Appeal Tribunal and UK appellate courts. Marie also has experience of advising on sports matters relating to athlete selection, sports bodies' governance structures, and competition law compliance.
