Transfers and professional freedom in football:

impact of recent european case law

Abstract

The Bosman Case represented a turning point in sports law by granting players greater contractual freedom while  simultaneously reinforcing the economic dominance of the wealthiest clubs, thereby deepening competitive imbalances. The FIFA Regulations on the  Status and Transfer of Players (RSTP) and related compensation mechanisms aim to mitigate these inequalities by recognizing the contribution of training clubs and encouraging investment in grassroots football. Nevertheless, Brexit has introduced new obstacles to international transfers, and the recent judgment of the Court of Justice of the European Union (C-650/22) raises crucial questions concerning the compatibility of FIFA’s regulatory framework with the European Union’s principles on the free movement of workers—a right that also encompasses professional footballers. This litigation prompted FIFA to issue its Circular of December 17, 2024, establishing provisional rules that entered into force in January 2025, with the purpose of clarifying and harmonizing key contractual concepts.