After having delivered its resonating judgements of 21 December 2023 on the European Super League[1], International Skating Union[2] and Royal Antwerp FC[3] cases, the Court of Justice of the European Union (CJEU) is not yet finished with its intense sports agenda. Indeed, it has notably yet to rule on the preliminary reference case C-650/22[4] (Lassana Diarra and FIFPRO v. FIFA and URBSFA), for which the public hearing was held on 18 January 2024.[5]
Referred to by the Mons Court of Appeal (Belgium) for a preliminary ruling, the CJEU must assess whether the FIFA rules at the heart of the “transfer system” constitute a restriction of competition that is incompatible with the Treaty on the Functioning of the European Union (Art. 101 TFEU), the free movement of workers (Art. 45 TFEU) and the freedom to work (Art. 15 of the Charter of...
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