The Diarra judgment was yet another watershed in the ongoing saga of CJEU decisions questioning the legality of regulatory interventions by the world (FIFA) and European (UEFA) football governing bodies. The Court outlawed the transfer-system of professional football players which it held constituted a restriction by object. FIFA has moved back to the drawing board but has only produced an interim regime so far. We believe that it does not fully address the concerns that the CJEU has expressed. We advance a few thoughts that could hopefully inspire those entrusted with the regulation of the next regime so as to ensure that the new regime will correspond to the wishes of the EU judges.

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Should I Stay or Should I Go? Restrictions by Object, by Effect, and Their Application to Football Transfer Rules

  • Petros C. Mavroidis,
  • Damien J. Neven

摘要

The Diarra judgment was yet another watershed in the ongoing saga of CJEU decisions questioning the legality of regulatory interventions by the world (FIFA) and European (UEFA) football governing bodies. The Court outlawed the transfer-system of professional football players which it held constituted a restriction by object. FIFA has moved back to the drawing board but has only produced an interim regime so far. We believe that it does not fully address the concerns that the CJEU has expressed. We advance a few thoughts that could hopefully inspire those entrusted with the regulation of the next regime so as to ensure that the new regime will correspond to the wishes of the EU judges.