Players' Agents in National and International Sports Law
MPI for Private Law, Hamburg, 08.12.2008
The conduct of players’ agents has in recent years resulted in a number of grievances coming to light, above all in football. In a prime example, the media has reported on the practice of players’ agents bribing English club trainers in order to facilitate the transfer of represented players. In the 2005/2006 season alone, transfers occurring in professional football resulted in 32 million euros paid out as agents’ fees. In turn, the six figure fees realised with the transfer of a top player attract many dubious figures to the world of agency. In an attempt to counter this state of affairs, FIFA announced at the close of 2007 a new set of regulations for players’ agents. A requirement that players’ agents hold a special license remains the key component of FIFA’s regulations in this area – a requirement frequently and effortlessly avoided by involving an attorney, for whom a license requirement does not exist. Likewise, the German Football League (DFL) constituted a working group on the development of players’ agents regulations in order to meet with FIFA’s aim of implementing such regulations at the national level. At the European level as well, one sees the need for action. According to the EU Commission’s White Paper on Sport, the creation of effective counter-measures is necessary. As Europe lacks a unified framework in respect of players’ agents and their activities, the authors of the White Paper call on European legislators to take action. Yet the regulation of the activities of players’ agents poses a variety of complex legal questions, at the threshold of which lies the “legislative” conduct of FIFA and the DFL – two private law organisations. One must consequently ask where the regulations are to be classified in the scheme of existing law and how far their reach of application is. Standing at odds here are the constitutionally protected autonomy afforded associations and the law-making functions reserved to the state. In the judgment Piau/Commission (Rs. T-193/02), the ECJ remarked:„The very principle of regulation of an economic activity concerning neither the specific nature of sport nor the freedom of internal organisation of sports associations by a private-law body, like FIFA, which has not been delegated any such power by a public authority, cannot from the outset be regarded as compatible with Community law, in particular with regard to respect for civil and economic liberties. In principle, such regulation, which constitutes policing of an economic activity and touches on fundamental freedoms, falls within the competence of the public authorities.”
Furthermore, the FIFA regulation features the peculiarity that its provisions – through the license requirement – could ultimately impact players’ agents who are not members of the association and hence have not agreed to be subject to the associations’ regulations. Imposing obligations without the subjected parties' agreement is a characteristic of law.
Along with the new FIFA regulations on players’ agents and against the backdrop of the formulation of regulations by German Football Association (DFB) and the DFL, the symposium will also consider closely related questions: How much autonomy do sports associations enjoy? What is the relationship shared by international and national sports association regulations and state law? Do the new regulations conflict with European and national law?
The symposium’s keynote address will be delivered by Prof. Dr. Wertenbruch and offer insight on the regulation of players’ agents from an academic perspective. His talk will be followed up by shorter statements from individuals representing the various stakeholders at issue - athletes, clubs, associations and players’ agents – which will then lead to a general discussion among panel participants and the audience.
Date of publication: 19.09.2008
Program - Sports Law Symposium (61.7 KB)