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Football-legal
31
Dec
2015
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Pieter PAEPE
Player Transfer
Article
International
Football Legal # 4

Interview with Pieter Paepe


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On 18 September 2015, FIFPro filed legal action against FIFA transfer system, in the form of a competition law complaint lodged with the Directorate General Competition of the European Commission in Brussels, challenging the global transfer market system governed by FIFA’s regulations as being anti-competitive, unjustified and illegal.

On 18 September 2015 FIFPro filed a complaint with the European Commission, questioning the implementation of the FIFA football transfer system. Can you tell us more about this legal action?

FIFPro’s complaint argues that the post-Bosman transfer system infringes European Union (EU) competition law. FIFPro has not confined its complaint to the post-Bosman transfer system, but also challenges the legality of particular provisions of FIFA Regulations on the Status and Transfer of Players, the so-called RSTP. Not all provisions of the RSTP are challenged - only those provisions playing, in FIFPro’s view, a key role in the functioning of the post-Bosman transfer system, or which negatively affect players’ economic or fundamental rights, because they are overly broad. FIFPro does not challenge, for example, the rule that says that a contract cannot be unilaterally terminated during the course of a season.

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Topics
  • Player Transfer
  • European Law
  • FIFA
Keywords
  • FIFA
  • European Commission
  • European Law
  • FIFA Regulations
  • Player transfer
  • FIFA RSTP
Authored by
Pieter PAEPE
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