…
World
CJEU Validates 10% Cap on FIFA Football Agent Commissions
Herz — World Desk · · 30s summary · 2 min read
The essentials
The Court of Justice of the European Union (CJEU) ruled in favor of FIFA, validating the essential provisions of the FIFA Football Agents Regulation (FAR), which caps agent commissions at 10% of transfer values. The court confirmed that the FAR's main provisions—mandatory agent licensing, commission ceiling, and prohibition of multiple representation—are justifiable under EU law. This ruling closes a legal challenge launched in 2023 by Spanish agencies and supersedes a non-binding opinion from the European Commission that had already concluded the FAR was legal.
- CJEU validates the 10% commission cap established by FIFA's Football Agents Regulation
- 18 Spanish agencies obtained preliminary measures in Madrid in November 2023
- Court confirms mandatory licensing and prohibition of dual representation are lawful
- CJEU ruling is binding on all EU member states, unlike European Commission assessment
What We Know
The Court of Justice of the European Union (CJEU) ruled in favor of FIFA, validating the essential aspects of the FIFA Football Agents Regulation (FAR), which caps agent commissions at 10% of the value of transfers.
The CJEU confirmed that the FAR's core provisions are justifiable: mandatory agent licensing, commission caps, prohibition of multiple representation, the principle of client-side payment, and proportional payments.
Emilio García Silvero, Director of FIFA's Legal and Compliance Services Division, welcomed the ruling. The decision, he said, "recognizes FIFA's authority and legitimacy to regulate agent activities within the transfer system."
Background: A Challenge That Began in Spain in 2023
On November 6, 2023, a commercial court in Madrid granted preliminary measures to a group of 18 Spanish talent agencies challenging the FAR, which had entered into force approximately one month earlier.
The Madrid judge characterized the FAR as a "buying cartel setting a maximum price." He argued that the regulation restricted competition without reasonable justification, violating Article 101 of the Treaty on the Functioning of the European Union (TFEU)—the core EU competition law provision—as well as Spanish competition law.
Preliminary measures against the FAR were granted in Spain and Germany, but refused in the United Kingdom, the Netherlands, and France.
The European Commission's Role
The European Commission had previously published a report concluding that the FAR was legal. However, that report carried no binding legal force: only the CJEU ruling now binds all EU member states and national courts.
Timeline
- October 2023The FIFA Football Agents Regulation (FAR) enters into force.
- November 6, 2023A commercial court in Madrid grants preliminary measures to 18 Spanish agencies challenging the FAR.
- Before July 2026The European Commission publishes a non-binding report concluding that the FAR is legal.
- The CJEU publishes its ruling validating the essential provisions of the FAR.
Topics
Related articles
Latest articles
Comments
No comments yet. Be the first to react.
