C-415/93. E u r o p e a n C o u r t o f J u s t i c e S p o r t a n d t h e L a w Snežana Jovanović and Milovan Rankov 02 nd June 2011.

Slides:



Advertisements
Similar presentations
THE PRINCIPLE OF FREE MOVEMENT OF PLAYERS AND ITS IMPACT ON THE FIFA REGULATIONS MICHELE COLUCCI
Advertisements

The Football Labour Market: Third Party Player Ownership Daniel Geey Solicitor in the Sports Group at Field Fisher Waterhouse LLP 30 October 2012.
European Union European Union. European Coal and Steel Community 1952: began with the signing of the Treaty of Paris, establishing the European Coal and.
Third Party Rights Ownership in the UK 22 June 2009 Daniel Geey Solicitor
Players Rights in European Football 6 March 2009 Daniel Geey Solicitor
1 FREE MOVEMENT OF PLAYERS IN THE EUROPEAN UNION MICHELE COLUCCI KULEUVEN,Tutorials Spring semester 2011.
Bernard v. Bosman Michele Colucci
1 FIFA RULES GOVERNING THE PRACTICE AND PROCEDURES OF THE DISPUTE RESOLUTION CHAMBER by Michele Colucci –
1 SPORT AND COMPETITION LAW AT EU LEVEL Madrid, february 2007 MICHELE COLUCCI
1 COURT OF ARBITRATION FOR SPORT by Felix Majani University of Tillburg, Spring Semester 2010.
By Felix Majani University of Tillburg, Spring Semester
1 THE EUROPEAN UNION AND SPORT MICHELE COLUCCI September 2012
THE WHITE PAPER ON SPORT THE EU AND SPORT: MATCHING EXPECTATIONS.
Unit 13 International Marketing
The hierarchy of courts
“General Overview of Brazilian Sports Law” Luiz Roberto Martins Castro.
Forum Selection in Attorney-Client Agreements Anita Schläpfer.
The movement of legal services between the European Union and Switzerland: Polish and Swiss legal solutions after Poland's accession to the EU Inga Kawka,
03/06/20151 FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS IS IT ALL ABOUT « SPECIFICITY »? Michele Colucci University of Tilburg,
The Court of Justice European Law in the Making. Terminology Jurisdiction Jurisdiction Venue Venue Standing Standing Chambers Chambers Plenary Session.
Free Movement of Persons
The European Union & the Business Environment CHAPTER TWO.
CHAPTER 1 The sources and institutions of employment law.
LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS – transposition of Directive 96/71/EC into National Law Chapter IIa “Working conditions of.
EUROPEAN TAX LAW (32E22000) JAKI TAALAS & JOEL KERÄNEN SGI, C-311/08 TRANSFER PRICING.
Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.
Resolving disagreements BTEC First in Business Unit 5.
Some points of view about Chapters 3 and 4 Grundtvig project
International Law. Public vs. private Public: rights between nations, or nations and citizens of different nations Private: controversies between private.
European Enforcement Order for uncontested claims JUDr. Radka Chlebcová.
INVESTMENTS IN FRENCH FOOTBALL CLUBS By Patricia Moyersoen UIA Sport Commission Firenze 30/10/2014.
Football Transfers, Third Party Player Ownership and UEFA’s Home-Grown Rule Daniel Geey Solicitor in the Sports Group at Field Fisher Waterhouse LLP 27.
Vaxholm – Laval Case European Court of Justice (ECJ) (Case No C-341/05, Judgement 18 December 2007)
Finding a PPP Partner Essential EU Law Considerations Bernard Wilson Maribor, 18 January 2005 Bernard Wilson Maribor, 18 January 2005.
Students Names : 1.Georgia Zalti 2. Elizabeth Stavrou 3.Elena Nikolaou.
Foreign Investment Commission 58th UIA Congress Florence Is my country attractive for foreign investment „Labour law aspects in Germany“
Essentials Of Business Law Chapter 31 International Business Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Determining the applicable national social security scheme An overview of the main rules in Regulations n° 883/2004 & 987/2009,
Industrial Relations System The laws dealing with the arrangements that are made between workers and employers The laws dealing with the arrangements that.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Private sector interests in legal protection Tomaž Vesel First.
Brazil Corporate governance and investments on football clubs EDUARDO CARLEZZO.
Slide 1 Recognition of Professional Qualifications in the European Single Market for Services Henri Olivier FEE Secretary General FEE (Fédération des Experts.
Government Policy & Commercialisation of the USA A comparison with the UK Lesson 4.
EU and Governing Bodies A challenge to understand where we are going Live in Germany work in the UK and support the EU.
THE EUROPEAN UNION How does the structure of government within the EU compare with the structure of government in the United States?
Click me -> Best of soccer The graph* to the right shows the Top 10 Soccer Teams, Players, Goalkeepers, and Tournaments. *Based on statistics.
Categories of Law. The Law The broadest categories of law are International Law and Domestic Law.
Comparative Law Spring 2003 Professor Susanna Fischer FRENCH ADMINISTRATIVE/MISCELLANEOUS COURTS FRENCH CIVIL PROCEDURE March 18, 2003.
From Bosman to Bernard Prof. dr. Frank Hendrickx Faculty of Law, University of Leuven Workshop on Economics and Law of Sport, Leuven, 14 May 2013.
Does European Football need a transfer market? Stefan Kesenne Univ. of Antwerp and KULeuven.
Employer / Employee Relations. Content Employee / Employer relations Different approaches to employee relations: Collective bargaining Individual bargaining.
International Transfers of Under-18 Footballers: FIFA’s Latest Crusade? Kayla McCulley, Université de Neuchâtel.
Economic Sanctions and International Arbitration The Application of Sanctions by Arbitrators (in the arbitral award) W. Laurence Craig.
Economic Sanctions and International Arbitration
Competition Law and its Application: European Union
Certificate in Human Resource Management Employment Law
Group Members: Tawiah Samuel: Dodou Jammeh:
Recognition and enforcement of foreign judgments and arbitral awards in Russia Roman Zaitsev, PhD, Partner 05/09/2018.
Practical cases UNIVERSITY OF ZAGREB EUROPEAN PUBLIC LAW
European Studies Glossary
FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS
The Autonomy and Specificity of sport beyond The ISU case
FREE MOVEMENT OF PLAYERS IN THE EUROPEAN UNION
EUROPEAN PRIVATE INTERNATIONAL LAW
Business Law: An Introduction Summary Notes 1
FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS
SPORT AND EU COMPETITION LAW
FREE MOVEMENT OF PLAYERS IN THE EUROPEAN UNION
FREE MOVEMENT OF PLAYERS IN THE EUROPEAN UNION
ON EUROPEAN TRADEMARKS AND DESIGNS
Presentation transcript:

C-415/93. E u r o p e a n C o u r t o f J u s t i c e S p o r t a n d t h e L a w Snežana Jovanović and Milovan Rankov 02 nd June 2011

EU law is of huge importance for the football industry throughout the world EU Law - the football Transfer System The Bosman Case was a legal decision made by the European Court of Justice in 1995.

-a football player could only move to another club with the agreement of both clubs; -"transfer fee" (the buying club actually purchased the player from the selling club); -the quota systems (only a limited number of foreign players could play in a particular match).

-The national associations are members of the Fédération Internationale de Football Association (‘FIFA’), an association governed by Swiss law, which organizes football at world level. -The confederation for Europe is UEFA, also an association governed by Swiss law -Football associations or federations in each of the Member States - URBSFA is the Belgian national association - The UEFA and FIFA regulations are not directly applicable to players but are included in the rules of the national associations, which alone have the power to enforce them and to regulate relations between clubs and players.

-Mr Bosman, a professional footballer of Belgian nationality, was employed from 1988 by RC Liège, a Belgian first division club, under a contract expiring on 30 June 1990; -Mr Bosman refused to sign it and made contact with US Dunkerque, a club in the French second division; -Contract was also concluded between RC Liège and US Dunkerque for the temporary transfer of Mr Bosman for one year; -neither contract took effect. -On 8 August 1990, Mr Bosman brought an action against RC Liège before the Tribunal de Première Instance (Court of First Instance), Liège; -On 28 May 1991, the Cour d’Appel, Liège, revoked the interlocutory decision of the Tribunal de Première Instance and: -Upheld the order against RC Liège to pay monthly advances to Mr Bosman; -URBSFA to make Mr Bosman available to any club which wished to use his services, without it being possible to require payment of any compensation fee.

Nationals of Member States have in particular the right, which they derive directly from the Treaty, to leave their country of origin to enter the territory of another Member State and reside there in order there to pursue an economic activity.

1. Longer contracts 2. Higher wages In 2000, the European Commission announced that it was taking action against the football authorities.

1. Two transfer windows 2. Independent arbitration system 3. Suspension for players who breach contracts

-Discrimination - Two transfer windows - 5 years is the longest period of contract

The End of the Transfer System ?