What now, after the Bosman ruling?

In 1995, Belgian lawyer Luc Misson successfully defended the interests of footballer Jean-Marc Bosman before the European Court of Justice. Under the well-known judgment of 15 December 1995, the Court condemned, on the basis of the principle of free movement of workers, the system of nationality clauses and transfer indemnities due at the end of players' contracts, a well-established system in the world of football. This was a game changer... Twenty years later, the legacy of the Bosman ruling is mixed. In a football market that is nowadays deregulated, Luc Misson turns a critical eye on this sector of economic activity, pointing out serious distortions of competition.

The 15 December 2015, just a few weeks away, will mark the 20th anniversary of the European Court of Justice's ruling in a dispute between footballer Jean-Marc Bosman and his former club, Royal Club Liégeois, and, among others, the Belgian Football Federation.[1] The task before the Court was to answer questions submitted for a preliminary ruling by the Liège Court of Appeal. As required, the European Commission was a party to the preliminary proceedings.

The argument before the Court of Justice covered two crucial issues: the freedom of movement of sports professionals (as employees) on one hand, and competition law on the other.

The Court of Justice considered that the rules on freedom of movement for workers within the European Economic Community (EEC) were applicable to paid football players and were, as they existed at that...

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What now, after the Bosman ruling?

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