ECJ ruling on new agent rules leaves FIFA in limbo and agents with wriggle room

July 17 – The ruling by the European Court of Justice (ECJ) on FIFA’s new rules for Football Agent Regulations (FFAR) is a win for FIFA but also a win for player agents.

For FIFA the win is that the court confirmed that a licensing requirement for agents is justified and that FIFA is the body responsible for that.

However the court raised doubts over the legality of some of FIFA’s rules under European law, but ultimately failed to make a definitive decision but passed the buck to “the court before which the dispute was brought to assess whether the contested FIFA rules are contrary to the prohibition on cartels or whether they may be considered to be justified.”

Emilio García Silvero, FIFA Chief Legal and Compliance Officer commented: “FIFA welcomes the court’s support of key rules within the FFAR, the recognition of FIFA’s authority and legitimacy to regulate agent activity within the football transfer system, as well as welcoming the guidance on how EU competition law applies to the FFAR.”

The complaint before the ECJ contested the prohibition on simultaneously representing two or three of the parties involved in a transfer (player, buying club and selling club); a cap on agents’ fees; rules around the granting of a FIFA agents license; and the outlaying of an agent approaching a player who is already represented by another agent.

The agents’ complaint argued that FIFA’s rules broke EU law concerning the prohibitions on cartels, abuse of a dominant position, and the freedom to provide services.

The ECJ recognised that they could be interpreted that way but it was for the individual courts to decide on the cases that are brought before them.

With the summer transfer window open FIFA said it is looking to “to ensure the good functioning of the global transfer system, with a view to enhancing transparency, strengthening contractual stability and addressing conflicts of interest.”

The ECJ ruling doesn’t get in the way of that but in practical terms it isn’t helping it either. More negotiation is required to find workable common ground on the regulations.

“We will continue to carefully analyse the full judgment and its practical implications. In any event, and notwithstanding this positive development, we intend to invite agent representatives to a meeting in the coming weeks with the aim of reaching a consensual solution,” said Garcia Silvero.

“With the new transfer system set to enter into force on 1 January 2027, we would like to replicate the consensus-based approach that was successfully adopted with players, clubs and leagues, while taking into account the important parameters established by this judgment.”

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