Bad news for FIFA: After Germany and Spain, it cannot apply its new rules for player agents (FFAR) in the all-important English market for the time being
This was decided by a court called upon by the English Football Association (FA). “The FA Tribunal has announced its award at the conclusion of the proceedings, which states that the FA is in breach of the 1988 Competition Act by introducing the fee cap and pro-rata payment rules,” an FA spokesperson told the Guardian. “The FA is considering the implications of the decision and will provide a further update when it is in a position to do so.”
It is the next defeat for FIFA in the billion-euro dispute over consultancy fees. Initially, the Dortmund Regional Court (LG) had issued an interim injunction for the Federal Republic. As the appeal in the main proceedings before the Düsseldorf Higher Regional Court will not be heard until the end of January, the new rules for the January transfer window in Germany have been suspended.
The same applies to Spain following a ruling by the Madrid Commercial Court. This means that the world governing body cannot apply its reform to three of the most important markets for the time being.
Showdown in Luxembourg
In addition to reintroducing a license including checks such as certificates of good conduct, FIFA wants to limit the sometimes excessive commissions for player agents. It has been successful, for example, before the International Court of Arbitration for Sport (CAS) and the Brussels Enterprise Court. In addition, the four representatives of the EU Commission have stated in their written submission that they consider the FFAR to be largely compatible with EU law.
However, the 50-page document is merely a recommendation in the proceedings before the European Court of Justice (ECJ). The Regional Court of Mainz had turned to the ECJ, where advisory agencies had also filed a complaint against FIFA’s commission caps. Everything is heading towards a showdown in Luxembourg, as in the Super League case, in which the ECJ has announced its ruling for December 21.
