UEFA and URBSFA’s rules on home-grown players could be contrary to European Union law, ruled the Court of Justice of the EU (CJEU) on Thursday 21 December.
A footballer (Lior Refaelov) and a Belgian club (Antwerp) had gone before the Belgian courts to challenge the rules of the Union of European Football Associations(UEFA) and the Royal Belgian Football Association (URBSFA) requiring teams to have a minimum number of locally-trained players. The Belgian courts had referred questions to the CJEU.
According to the latter, this obligation could violate both competition rules and the free movement of workers. However, the national judge in charge of the case will have to check whether or not this is the case.
The Court (case C-680/21) confirms that the rules of these associations fall within the scope of EU law, since they relate to the pursuit of an economic and professional activity. They must respect competition rules and freedom of movement.
With regard to competition, the Court considers that the rules on home-grown players could restrict the ability of clubs to compete for talented players, regardless of where they were trained. But top-level football is a sector where talent and merit play an essential role. However, it is up to the national courts to determine whether these rules restrict competition. If this proves to be the case, it will still be possible for UEFA and URBSFA to demonstrate that these rules can be justified under the conditions set out by the Court.
With regard to the free movement of workers, the Court ruled that the rules in question may give rise to indirect discrimination on the basis of nationality, to the detriment of players from other Member States. UEFA and URBSFA will still be able to demonstrate that these rules nevertheless encourage recruitment and training and that they are proportionate to this objective.
The judgement: https://aeur.eu/f/a82 (Original version in French by Lionel Changeur)