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The impact of European Union Law on the world of sport and the Bosman decision

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  1. Introduction.
  2. Bosman ruling.
  3. Background to the relationship between sport regulation and the EU.
  4. The Lariv and Pack Reports.
  5. Case Law Pre-Bosman.
  6. Case Law Post-Bosman.

Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of competition within the common market are prohibited as incompatible with the common market . Notwithstanding, the Union des Associations Europennes de Football's (UEFA) recently approved plans to limit the number of foreign players a club can register for Champions league and the UEFA cup competitions. The current position is that six out of the 25 players a club can register at UEFA competitions will have to be home grown players with eight home grown players for the 2008/09 season.

KEY WORDS: Sports law, EC Treaty, Article 81, UEFA Homegrown rule, Bosman ruling, Lariv Report, Pack Report.

[...] A discussion of the Impact of the European Union Law on the Economic and Socio Cultural Aspects of the Football's European Sports Management Quarterly Volume 2 No: Richard Parrish (2003). Sports Law and Policy in the European Union. Manchester University Press. Norbert Reich (2003) Understanding EU Law: Objectives, Principles and Methods of Community Law. Intersentia. Whish, R., (2003). Competition Law. 5th Edition Butterworths. Report of the Committee on Culture, Youth, Education and the Media on the European Community and Sport and 29 April 1994. [...]

[...] Homegrown player plans revealed. Available at 3/02/2005. M El-Agraa (2007). The European Union: Economics and Policies. Cambridge University Press. Trevor Hartley., (2004) European Law in a Global Context: Text Cases and Materials. Cambridge University Press. See European Communities Act 1972. Hart, S., (2004). Create level playing field. Available at Simon Gardner (2006) Sports Law. 3rd Edition. Routledge Cavendish. Caigner and Gardiner (2000). Professional Sport in the European Union: Regulation and Re-regulation. TMC Asser: The Hague David McArdle (2000). [...]

[...] For example, in stark contrast to the sentiment of the Lariv Report, the Pack report[28] asserted that European Union must recognise the specific nature of sport and the autonomy of the sports movement.[29]? Moreover, it makes recommendations for official discussion and consultation through a ?Green Paper with a view to the elaboration of a full-scale action plan in the field of sport[30]?. However, arguably the most obvious statement of the softening of EU competition regulatory regime in context of sport is evidenced by the Explanatory Statement in the Pack report, which discusses the impact of the Bosman ruling[31]. [...]

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