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Football-legal
22
Apr
2015
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Luca SMACCHIA
CAS
Cases
International

CAS 2014/A/3710 Bologna FC 1909 Spa v. FC Barcelona


Date of the decision: 2015-04-22
Arbitrator(s): Efraim Barak Massimo Coccia Michael Gerlinger
The Riverola case: how the enforcement of FIFA rules may restrict the freedom of movement for workers within the EU

Preamble

The effectiveness of the EU fundamental principle of freedom of movement for workers within the world of sports has always been very controversial.

With regard to football, in the Bosman ruling[1], the European Court of Justice (ECJ) ruled that a norm constituting an obstacle to workers’ freedom to move can be accepted only if it pursues a legitimate aim compatible with EU Law, justified by overriding reasons in the public interest.

In the same verdict, the ECJ acknowledged that the purpose of “encouraging the recruitment and training of players must be accepted as legitimate”[2], asserting that such objective can be achieved “by means which do not impede the freedom of movement for workers”

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Topics
  • CAS
  • European Law
  • FIFA
Keywords
  • Court of Arbitration for Sport (CAS)
  • European Law
  • FIFA Regulations
  • Freedom of movement for workers
Authored by
Luca SMACCHIA
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