How Recent CJEU Rulings Changed The Football Reality In Europe? Cover Image

How Recent CJEU Rulings Changed The Football Reality In Europe?
How Recent CJEU Rulings Changed The Football Reality In Europe?

Author(s): Kristian Raychev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: EU competition law; free movement of workers; private sports regulation; FIFA; UEFA; transfer system; Court of Arbitration for Sport (CAS); effective judicial protection
Summary/Abstract: In the period between December 2023 and August 2025, the Court of Justice of the European Union (CJEU) delivered a series of judg-ments that substantially reconfigured the legal framework governing profes-sional football in Europe. In European Superleague Company (C-333/21), Las-sana Diarra (C-650/22), and Royal Football Club Seraing (C-600/23), the Court recalibrated the balance between the autonomy of sport and the require-ments of EU law in the fields of competition, free movement, and effective judicial protection. This article examines how, taken together, these three judg-ments constrain the regulatory discretion of FIFA and UEFA by imposing re-quirements of transparency, proportionality, and judicial review in areas that have traditionally been governed through private-law sports regulation. Partic-ular attention is devoted to the Diarra judgment and to FIFA’s subsequently adopted Interim Regulatory Framework amending the Regulations on the Sta-tus and Transfer of Players (RSTP), assessing whether that framework sub-stantively complies with the reasoning of the CJEU or instead merely seeks to mitigate the immediate effects of the ruling. In conclusion, the article advances the thesis that European football is entering a phase of “controlled autonomy,” in which private sports governance remains legitimate only insofar as it oper-ates within a legally contestable framework compatible with market principles.

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