Advocate General questions whether FIFA Regulations are compliant with EU Law: Violation of freedom of movement of workers? (Part 4)
So far, the authors have touched upon the factual and legal context of the Opinion issued by the Advocate General in case C-650/22 FIFA v. BZ (also known as the Lassana Diarra case) in Part 1 here, discussed compliance of the RSTP provisions with EU law as well as the general shortcomings of the Opinion in Part 2 here and the specific analysis of the Opinion regarding Article 101 of the TFEU (Restriction of competition) in Part 3 here.
Let’s dig into the Advocate General’s findings concerning the compatibility of the RSTP provisions with Article 45 of the TFEU.
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- Tags: Article 101 of TFEU | Article 17 of the FIFA RSTP | Article 45 of TFEU | Belgium | Charter of Fundamental Rights of the European Union | Competition Law | Contractual Stability | Court of Arbitration for Sport (CAS) | Court of Justice of European Union (CJEU) | Dispute Resolution | European Union | FIFA | FIFA Regulations on the Status and Transfer of Players (RSTP) | Football | France | Governance | International Transfer Certificate | Regulation | Switzerland | termination without just cause | Treaty of Functioning of European Union (TFEU)
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Written by
Maciej Balazinski
Maciej Bałaziński is a Polish attorney-at-law with a long sports law practise, owner of Kancelaria Prawna Maciej Bałaziński I Współpracownicy, Kraków focused on sports law and litigations. He has also useful experience in sports law after four years of experience as managing director and vice-president of Lechia Gdańsk S.A. and supervisory board of Polish Ekstraklasa (top football league). He is also experienced arbitrator after 4 years in disciplinary and 5 years in NDRC of Polish FA, author of several publications and lecturer at International Football Business Institute, Brussels.
Karolina Letniowska
Karolina Letniowska is an advocate working at Kancelaria Prawna B&S Law. She has completed the UEFA Football Law Programme and has done her master’s degree at the University of Gdańsk and LL. M. in Sustainable Development at the University of Milan. Karolina is a member of the Women in Sports Law (WISLaw) and the International Sport Lawyer Association (ISLA). As part of her daily practice, she provides sports-related legal consultancy, in particular in transfer matters, and represents clients in dispute resolution, including before FIFA Football Tribunal, CAS and Polish NDRC.
