10 years of Bosman: the fight for player freedom continues *.

• Author: Blanpain, Roger
• Position: OPINION

Bosman is and always will be a landmark judgment in sports law. By its ruling in Bosman in 1995 the European Court of Justice underlined that sport, just like any other economic activity, is subject to ordinary rules of European law. Until then, the federations had been convinced that sport was 'specific' and only needed to abide by its own laws. Today, however, it is common knowledge that all are to respect the law, including the federations.

The Bosman case confirmed two principles.

1. A professional footballer at the end of his contract is free. No transfer fees can be demanded for him: freedom of movement and freedom of employment.

2. European clubs may not restrict the number of players from EU countries: no discrimination based on nationality.

Both these principles had a huge impact. According to the chairman of F.C. Antwerp this meant a four thousand million Belgian francs loss in transfer fees for this Belgian club. Moreover, EU boundaries were thrown wide open for players from EU countries.

Eastern Europe

The subsequent Balog case (1991) concerned a Hungarian who played for Charleroi. His contract had expired, but five million Belgian francs were demanded for him as a transfer fee. Charleroi argued that the Bosman ruling only applied to EU countries and at the time Hungary was not an EU Member. In this case too it was held that players from other European countries were free after the expiry of their contract.

Worldwide

Very recently (December 2005) Latin American professional football players also regained their freedom at the end of their contract after the FIFA's Arbitration Committee (Dispute Resolution Chamber/ DRC), which is composed of representatives of the football federations and the players' union FIFPro, terminated the Uruguayan transfer arrangement under which players after the expiry of their contract could still be unilaterally obliged to play for their club for a further three years. The case in question concerned two Uruguayan professional footballers, Bueno and Rodriguez, who had signed an agreement with the French club PSG and were not allowed to make the switch. The additional requirement of another three years' compulsory playing was declared void.

Extension of contracts

Players are therefore free at the end of their contract. In practice, however, this is far from the truth. Players simply do not reach the end of their contract anymore. They now sign contracts for a definite period, around 5 years or longer...