{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-428-23-62023cj0428","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-428-23-62023cj0428)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-11-03","fingerprint":"ewai:eu:96c5d4","proof":"sha256:23ade4f103aefbdf5446c5eabace8f9b9307b5eea676f59238ab6928274fd0bb","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-428-23-62023cj0428","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_25","para_26","para_27"],"kind":"assessment"},{"title":"Legal framework","paragraphs":["para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35"],"kind":"legal_framework"},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":["para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64"],"kind":"facts"},{"title":"The questions referred for a preliminary ruling","paragraphs":["para_65"],"kind":"questions"},{"title":"The first question","paragraphs":["para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85","para_86","para_87","para_88","para_89","para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104","para_105","para_106","para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114"],"kind":"assessment"},{"title":"The second question","paragraphs":["para_115","para_116","para_117","para_118","para_119","para_120","para_121"],"kind":"assessment"},{"title":"Costs","paragraphs":["para_122","para_123"],"kind":"costs"},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_124","para_125","para_126","para_127","para_128","para_129","para_130","para_131"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"9 July 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Internal market – Competition – Professional football – Article 101(1) TFEU – Prohibition of agreements, decisions and concerted practices – Regulations of a national football federation – Purchase of services from third parties outside that federation – Activi …","paragraph_id":"para_4"},{"text":"In Case C‑428/23,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Bundesgerichtshof (Federal Court of Justice, Germany), made by decision of 13 June 2023, received at the Court on 11 July 2023, in the proceedings","paragraph_id":"para_6"},{"text":"ROGON GmbH & Co. KG,","paragraph_id":"para_7"},{"text":"MVI Management GmbH,","paragraph_id":"para_8"},{"text":"DC","paragraph_id":"para_9"},{"text":"v","paragraph_id":"para_10"},{"text":"Deutscher Fußball-Bund eV (DFB),","paragraph_id":"para_11"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_12"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, J. Passer, E. Regan (Rapporteur), D. Gratsias and B. Smulders, Judges,","paragraph_id":"para_13"},{"text":"Advocate General: N. Emiliou,","paragraph_id":"para_14"},{"text":"Registrar: D. Dittert, Head of Unit,","paragraph_id":"para_15"},{"text":"having regard to the written procedure and further to the hearing on 12 February 2025,","paragraph_id":"para_16"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_17"},{"text":"–        ROGON GmbH & Co. KG, MVI Management GmbH and DC, by T. Bernhard, A. Fritzsche, S. Kirchgeßner and C. von Köckritz, Rechtsanwälte,","paragraph_id":"para_18"},{"text":"–        Deutscher Fußball-Bund eV (DFB), by D. Bischoff and M. Stopper, Rechtsanwälte,","paragraph_id":"para_19"},{"text":"–        the German Government, by J. Möller and R. Kanitz, acting as Agents,","paragraph_id":"para_20"},{"text":"–        the French Government, by R. Bénard and T. Lechevallier, acting as Agents,","paragraph_id":"para_21"},{"text":"–        the European Commission, by S. Baches Opi, B. Cullen and G. Meeßen, acting as Agents,","paragraph_id":"para_22"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 15 May 2025,","paragraph_id":"para_23"},{"text":"makes the following","paragraph_id":"para_24"},{"text":"Judgment","paragraph_id":"para_25"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 101(1) TFEU.","paragraph_id":"para_26"},{"text":"2         The request has been made in proceedings between, on the one hand, ROGON GmbH & Co. KG, MVI Management GmbH and DC, and, on the other, Deutscher Fußball-Bund eV (DFB), which is the German football federation (‘the DFB’), concerning the lawfulness of the DFB’s regulations concerning the activity of players’ agents.","paragraph_id":"para_27"},{"text":"Legal framework","paragraph_id":"para_28"},{"text":"3         Article 101(1) TFEU provides:","paragraph_id":"para_29"},{"text":"‘The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:","paragraph_id":"para_30"},{"text":"(a)      directly or indirectly fix purchase or selling prices or any other trading conditions;","paragraph_id":"para_31"},{"text":"(b)      limit or control production, markets, technical development, or investment;","paragraph_id":"para_32"},{"text":"(c)      share markets or sources of supply;","paragraph_id":"para_33"},{"text":"(d)      apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;","paragraph_id":"para_34"},{"text":"(e)      make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.’","paragraph_id":"para_35"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_36"},{"text":"4         The DFB is an umbrella organisation which brings together 27 German football associations, including, in particular, Deutsche Fußball Liga eV (DFL), the German football league (‘the DFL’). It comprises more than 25 000 clubs and more than 7 million members.","paragraph_id":"para_37"},{"text":"5         ROGON is a consultancy firm for professional footballers and young talent in Germany, which was founded by DC. MVI Management is a legal person governed by Austrian law whose activity also consists in the placement of players.","paragraph_id":"para_38"},{"text":"6         In accordance with Article 16bis of the statutes of the DFB, the organisation of sporting competitions in the two highest-level professional leagues is carried out by the DFL, which is an association bringing together the clubs participating in both those professional leagues.","paragraph_id":"para_39"},{"text":"7         Clubs participating in the Bundesliga or second German league are required, as ordinary members of the DFL, to comply with the statutes of the DFB and the mandatory regulations adopted by it. In order to be able to progress in the Bundesliga or in the second German league, players must con …","paragraph_id":"para_40"},{"text":"8         The DFB adopted the Reglement für Spielervermittlung (regulations governing the activities of players’ agents; ‘the RfSV’), which entered into force on 1 April 2015. Those regulations are addressed to clubs and players, who are obliged to comply with them. The RfSV govern the use by players and clubs of the services of an agent for the conclusion of professional player contracts and transfer agreements. Among other things, the RfSV:","paragraph_id":"para_41"},{"text":"–        impose a registration obligation on agents (Paragraph 2(3) and Paragraph 3(2) and (3));","paragraph_id":"para_42"},{"text":"–        require the production of an agent’s declaration, which stipulates that the agent is to be subject to various statutes, regulations and rules of FIFA, the DFB and the DFL, including to the DFB’s jurisdiction (Paragraph 2(2), Paragraph 3(2) and (3), and Annexes 1 and 2);","paragraph_id":"para_43"},{"text":"–        impose the additional obligation to register a natural person if registering a legal person (Annex 2);","paragraph_id":"para_44"},{"text":"–        prohibit the agent, in the case of an inward transfer, from taking a share in the club’s future transfer proceeds (Paragraph 7(3));","paragraph_id":"para_45"},{"text":"–        prohibit commissions for the agent’s services in the case of a transfer of a minor (Paragraph 7(7));","paragraph_id":"para_46"},{"text":"–        impose an obligation to disclose fees paid and payments made to players’ agents (Paragraph 6(1)); and","paragraph_id":"para_47"},{"text":"–        make provision for penalties in the event of infringements of the obligations laid down (Paragraph 9).","paragraph_id":"para_48"},{"text":"9         On 12 January 2018, Deutsche Fußball Liga GmbH (DFL GmbH), a wholly owned subsidiary of the DFL, forwarded Circular No 62 to the managers of clubs and capital companies in the Bundesliga and in the second German league informing them, inter alia, of the provisions applicable to players’ ag …","paragraph_id":"para_49"},{"text":"10       The applicants in the main proceedings each brought an action before the Landgericht Frankfurt am Main (Regional Court, Frankfurt am Main, Germany) for injunctive relief against certain obligations laid down in the RfSV, relying, inter alia, on the prohibition of unlawful restrictive practices.","paragraph_id":"para_50"},{"text":"11       That court upheld that action only in part, and the applicants in the main proceedings then lodged an appeal against that judgment before the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main, Germany) which, first, ordered the DFB to cease the practice whereby p …","paragraph_id":"para_51"},{"text":"12       The applicants in the main proceedings and the DFB brought appeals on points of law before the Bundesgerichtshof (Federal Court of Justice, Germany), which is the referring court, against the judgment of the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) seeking, in the case of the former, the termination of their obligations and, in the case of the latter, the dismissal of the action.","paragraph_id":"para_52"},{"text":"13       The referring court is inclined to take the view that the rules laid down by the RfSV entail a restriction capable of affecting competition between undertakings established in different Member States. It is true that those rules do not directly refer to players’ agents, but are addressed to …","paragraph_id":"para_53"},{"text":"14       However, the question arises as to whether those rules satisfy the conditions for falling outside the application of Article 101 TFEU, pursuant to the interpretation of that provision given by the Court in the judgments of 19 February 2002, Wouters and Others (C‑309/99, EU:C:2002:98), and of 18 July 2006, Meca-Medina and Majcen v Commission (C‑519/04 P, EU:C:2006:492), and whether they are thus covered by an exception.","paragraph_id":"para_54"},{"text":"15       That being said, that exception has been applied only in cases with particular characteristics relating exclusively, first, to regulations adopted by professional federations on a legal basis and by an entity to which regulatory competence has been expressly conferred, and, second, as regar …","paragraph_id":"para_55"},{"text":"16       Moreover, according to one part of that doctrine, that exception does not apply where the regulations at issue govern markets that do not directly concern the sporting competition as such and cover the activity of undertakings that are not members of the sports federation concerned. However …","paragraph_id":"para_56"},{"text":"17       In the present case, although the RfSV are addressed to clubs and players, they also cover players’ agents, who are not members of the DFB. Those regulations thus produce effects on a market that is upstream of the sporting activity, with the result that the restrictions on competition which they entail cannot be justified solely by the autonomy of the sports federations.","paragraph_id":"para_57"},{"text":"18       It is not possible to infer unequivocally from the case-law of the Court whether, in such a situation, regulations that appreciably restrict the freedom of action of market operators not affiliated to a federation may escape the prohibition laid down in Article 101(1) TFEU in accordance wit …","paragraph_id":"para_58"},{"text":"19       In those circumstances, the Bundesgerichtshof (Federal Court of Justice) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_59"},{"text":"‘(1)      Do the principles developed by the Court … in the judgments [of 19 February 2002, Wouters and Others (C‑309/99, EU:C:2002:98), and of 18 July 2006, Meca-Medina and Majcen v Commission (C‑519/04 P, EU:C:2006:492),] according to which, when applying the rule prohibiting cartels,","paragraph_id":"para_60"},{"text":"–        account must be taken of the overall context in which the decision in question was taken or produces its effects and, more specifically, of its objectives,","paragraph_id":"para_61"},{"text":"–        and according to which it has then to be considered whether the decision’s consequential effects restrictive of competition are inherent in the pursuit of those objectives,","paragraph_id":"para_62"},{"text":"–        and whether they are proportionate to those objectives …, apply to the regulations of a sports [federation], which are addressed to members of the [federation] and [govern] the use of services of [third-party] undertakings [not belonging to] the [federation] on a market upstream of the association’s activities?","paragraph_id":"para_63"},{"text":"(2)      If the answer to Question 1 is in the affirmative …, must [those principles] be applied to all the provisions of those regulations, or does [that] application depend on substantive criteria, such as the proximity or remoteness of the individual rule to the sporting activity of the association?’","paragraph_id":"para_64"},{"text":"The questions referred for a preliminary ruling","paragraph_id":"para_65"},{"text":"The first question","paragraph_id":"para_66"},{"text":"20       By its first question, the referring court asks, in essence, whether Article 101(1) TFEU must be interpreted as meaning that the exception to the application of that provision to restrictions of competition pursuing a legitimate objective in the public interest, as identified by the Court i …","paragraph_id":"para_67"},{"text":"21       As a preliminary point, it must be borne in mind that, in so far as it constitutes an economic activity, the practice of sport is subject to the provisions of EU law applicable to such activity (judgments of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 83 and the case-law cited, and of 30 April 2026, CD Tondela and Others , C‑133/24, EU:C:2026:361, paragraph 29).","paragraph_id":"para_68"},{"text":"22       Only certain specific rules which were adopted solely on non-economic grounds and which relate to questions of interest solely to sport per se must be regarded as being extraneous to any economic activity. That is the case, in particular, of those rules on the exclusion of foreign players f …","paragraph_id":"para_69"},{"text":"23       Apart from those specific rules, the rules adopted by sporting associations and, more broadly, the conduct of those associations may come within the scope of the FEU Treaty provisions on competition law where the conditions of application of those provisions are met (see, to that effect, ju …","paragraph_id":"para_70"},{"text":"24       In that respect, the regulations at issue in the main proceedings do not form part of the rules to which the exception referred to in paragraph 22 above might be applied, which exception the Court has stated repeatedly must be limited to its proper objective and may not be relied upon to ex …","paragraph_id":"para_71"},{"text":"25       As is apparent from the information provided by the referring court, those regulations are not only addressed directly to the clubs and players, by regulating the conditions under which they may use the services of players’ agents, but they also indirectly concern those agents by imposing o …","paragraph_id":"para_72"},{"text":"26       More specifically, as regards the applicability of Article 101 TFEU, it should be borne in mind that that provision applies only in respect of ‘agreements between undertakings’, ‘decisions by associations of undertakings’ or ‘concerted practices’.","paragraph_id":"para_73"},{"text":"27       According to settled case-law, any entity engaged in an economic activity consisting of offering goods or services on a given market, regardless of its legal status or the profit-making nature of the goal it pursues, constitutes an undertaking for the purposes of the application of the prov …","paragraph_id":"para_74"},{"text":"28       Thus, Article 101(1) TFEU is applicable to any entity where it carries out an economic activity and which, for that purpose, must be classified as an ‘undertaking’, including any entity that is created in the form of an association which, according to its statutes, has as its associative pu …","paragraph_id":"para_75"},{"text":"29       It is true that regulations emanating from a professional organisation or a federation must be regarded as having been adopted by a private association or body acting not as an association of undertakings but as a public authority where it acts in the exercise of prerogatives typical of a p …","paragraph_id":"para_76"},{"text":"30       Even in such cases, the Member States are required to ensure that such an association or professional organisation does not adopt regulations depriving the competition rules applicable to undertakings of practical effect by inducing them to engage voluntarily in anticompetitive behaviour. H …","paragraph_id":"para_77"},{"text":"31       Consequently, although, as the referring court points out in its request for a preliminary ruling, certain regulations adopted by a professional federation on a legal basis may fall outside the scope of competition law, it should be pointed out that that is because, given the existence of a …","paragraph_id":"para_78"},{"text":"32       In the present case, it is apparent from the information provided by the referring court that the DFB comprises 27 German football associations whose members include clubs engaged in economic activities consisting of offering goods or services on various markets, such as sports ticketing, s …","paragraph_id":"para_79"},{"text":"33       Furthermore, it is not apparent from the documents before the Court that the regulations at issue in the main proceedings were formally adopted in the exercise of prerogatives typical of a public authority, or at the very least, of a regulatory power conferred by the Member State concerned …","paragraph_id":"para_80"},{"text":"34       Accordingly, those regulations are capable of falling within the scope of Article 101 TFEU.","paragraph_id":"para_81"},{"text":"35       Under Article 101(1) TFEU, all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market are incompatible with the internal market and are prohibited.","paragraph_id":"para_82"},{"text":"36       In that regard, it is apparent from the settled case-law of the Court that not every agreement between undertakings, every decision by an association of undertakings or every concerted practice which restricts the freedom of action of the undertakings party to that agreement or subject to c …","paragraph_id":"para_83"},{"text":"37       However, that case-law does not apply in situations involving conduct which, far from merely having the inherent ‘effect’ of restricting competition, at least potentially, by limiting the freedom of action of certain undertakings, reveals a degree of harm in relation to that competition tha …","paragraph_id":"para_84"},{"text":"38       Furthermore, in view of the requirement that the conduct at issue must, strictly speaking, be necessary and proportionate, it should be noted that the examination of that requirement involves, as is apparent from the case-law referred to in paragraph 36 above, first of all, determining whet …","paragraph_id":"para_85"},{"text":"39       That being said, in so far as the case-law referred to in paragraph 36 above allows an agreement between undertakings, a decision by an association of undertakings or a concerted practice to escape the prohibition laid down in Article 101(1) TFEU, its application to regulations adopted by a …","paragraph_id":"para_86"},{"text":"40       For that to be the case, as is apparent from paragraph 35 above, regulations must, first, constitute an agreement or a concerted practice between a number of undertakings or a decision by an association of undertakings, second, be liable to affect trade between Member States and, third, have as its object or effect the prevention, restriction or distortion of competition within the internal market.","paragraph_id":"para_87"},{"text":"41       As regards the first of those conditions, it should be noted that the conduct liable to be concerned may be of various kinds and may take different forms.","paragraph_id":"para_88"},{"text":"42       In particular, the Court has already held that a decision by an association of undertakings consisting in adopting or implementing regulations having a direct impact on the conditions in which the economic activity is exercised by undertakings which are directly or indirectly members of tha …","paragraph_id":"para_89"},{"text":"43       It is precisely with regard to a decision of that nature that the referring court asks the Court of Justice to rule on the interpretation of that provision, that is to say, a decision by which a national sports federation has adopted and implemented a set of rules which, admittedly, is inte …","paragraph_id":"para_90"},{"text":"44       First, the supply of services provided by agents constitutes inputs for the undertakings, consisting of the professional football clubs, with the result that the cost of that supply is likely to influence the profitability of those clubs. Second, the reciprocal competitive position of those …","paragraph_id":"para_91"},{"text":"45       As regards the second condition referred to in paragraph 40 above, which requires that the agreement between undertakings, the decision by an association of undertakings or the practice in question must be capable of affecting trade between Member States, it should be noted that regulations …","paragraph_id":"para_92"},{"text":"46       In the present case, although the regulations at issue are primarily liable to have an effect on the national market for the recruitment of players since the international market for the recruitment of players is regulated by FIFA, the fact remains that those regulations affect above all th …","paragraph_id":"para_93"},{"text":"47       With regard to the third condition recalled in paragraph 40 above, it should be recalled that in order to find, in a given case, that an agreement, a decision by an association of undertakings or a concerted practice is caught by the prohibition laid down in Article 101(1) TFEU, it is neces …","paragraph_id":"para_94"},{"text":"48       In that regard, although the fact that regulations adopted by a sports federation are addressed to its members, whilst also regulating the use of the services of third-party undertakings not belonging to that federation, does not appear, in itself, to be such as to preclude those regulation …","paragraph_id":"para_95"},{"text":"49       Furthermore, in order for the case-law referred to in paragraph 36 above to apply, the conditions for its application set out in paragraphs 36 to 38 above must also be satisfied.","paragraph_id":"para_96"},{"text":"50       That being said, none of those conditions can be interpreted as having the effect, expressly or implicitly, of excluding from the benefit of the case-law referred to in paragraph 36 above any regulations adopted by a sports federation which, whilst being addressed to the members of that federation, govern the use of the services of third-party undertakings not belonging to that federation.","paragraph_id":"para_97"},{"text":"51       First of all, the mere fact that regulations adopted by a sports federation are addressed to its members, whilst also regulating the use of the services of third-party undertakings not belonging to that federation, cannot, in itself, constitute a characteristic from which it may be conclude …","paragraph_id":"para_98"},{"text":"52       It must be borne in mind that the concept of ‘restriction by object’ refers to any agreement between undertakings, any decision by an association of undertakings or any concerted practice having characteristics enabling them to be linked to a form of coordination between undertakings which, …","paragraph_id":"para_99"},{"text":"53       Next, such a characteristic cannot be regarded as being capable of precluding those regulations from pursuing one or more legitimate objectives in the public interest which are not, in themselves, anticompetitive, or as precluding the possibility that they are capable of attaining such an objective.","paragraph_id":"para_100"},{"text":"54       Moreover, that characteristic cannot, as such, preclude a finding that there are no other means of attaining the objectives in question as effectively.","paragraph_id":"para_101"},{"text":"55       Lastly, as regards the assessment of the proportionality, in the strict sense, of the restrictive effects created in the light of the objective or objectives in the public interest pursued, it should be noted that that characteristic cannot, as such, be regarded as being such as to preclude …","paragraph_id":"para_102"},{"text":"56       Moreover, it does not follow from the case-law referred to in paragraph 36 above that, in order to be able to be justified on the basis of that case-law, regulations must be capable of producing effects only with regard to the members of the association or federation which adopted them.","paragraph_id":"para_103"},{"text":"57       The fact that regulations adopted by an association such as the DFB produce some of their effects, not only with regard to the members of that federation or association, but also with regard to undertakings which, although third parties, maintain relations with those members, may prove to be necessary in order to pursue one or more legitimate objectives in the public interest which are not, in themselves, anticompetitive.","paragraph_id":"para_104"},{"text":"58       In particular, that may be the case where, in order to achieve such objectives, a sports federation is required to adopt regulations capable of having implications for the ecosystem which they regulate and control.","paragraph_id":"para_105"},{"text":"59       As the Advocate General stated, in essence, in point 65 of his Opinion, in the professional and semi-professional football sector, different categories of economic operators, such as clubs, national federations, players and agents, must interact and, to a certain extent, cooperate in order …","paragraph_id":"para_106"},{"text":"60       In those circumstances, regulations such as those at issue in the main proceedings cannot be regarded as unrelated to the objective in the public interest relating to the integrity of sporting competitions solely because they also produce effects on the activity of players’ agents.","paragraph_id":"para_107"},{"text":"61       Moreover, it may be observed that, in other sectors of activity, the Court has already accepted that the case-law referred to in paragraph 36 above may apply in respect of regulations adopted by an organisation bringing together members of a profession and relating to the minimum fees payab …","paragraph_id":"para_108"},{"text":"62       Accordingly, regulations adopted by a sports federation cannot be excluded from the benefit of the case-law referred to in paragraph 36 above on the sole ground that, whilst addressing the members of that federation, those regulations govern the use of the services of third-party undertakin …","paragraph_id":"para_109"},{"text":"63       In the present case, it is for the referring court to determine whether the regulations at issue satisfy all the conditions for the application of that case-law, as recalled in paragraphs 36 to 38 above.","paragraph_id":"para_110"},{"text":"64       In the light of the foregoing, the answer to the first question is that Article 101(1) TFEU must be interpreted as meaning that the exception to the application of that provision to restrictions of competition pursuing a legitimate objective in the public interest, as identified by the Cour …","paragraph_id":"para_111"},{"text":"–        were adopted by that federation acting for that purpose as an undertaking or an association of undertakings and are capable of affecting trade between Member States;","paragraph_id":"para_112"},{"text":"–        cannot be classified as an agreement between undertakings or a decision by an association of undertakings the object of which is the prevention, restriction or distortion of competition; and","paragraph_id":"para_113"},{"text":"–        pursue one or more legitimate objectives in the public interest which are not, in themselves, anticompetitive and are proportionate to the pursuit of that objective or those objectives, which means, first, that those regulations are appropriate for securing their attainment, second, that th …","paragraph_id":"para_114"},{"text":"The second question","paragraph_id":"para_115"},{"text":"65       By its second question, the referring court asks whether Article 101(1) TFEU must be interpreted as meaning that, in order to determine whether the exception identified in the judgments of 19 February 2002, Wouters and Others (C‑309/99, EU:C:2002:98), and of 18 July 2006, Meca-Medina and Ma …","paragraph_id":"para_116"},{"text":"66       In that regard, it must be borne in mind that, as is apparent from paragraph 38 above, in order to be applicable, the case-law referred to in paragraph 36 above implies the existence of one or more legitimate objectives in the public interest and a relationship of proportionality between, on the one hand, the measures laid down in the regulations at issue and, on the other, those objectives.","paragraph_id":"para_117"},{"text":"67       Given that the provisions of those regulations are liable to pursue different objectives or produce distinct effects, it is necessary, in such a case, to carry out an independent examination of the proportionality of those various provisions, or even of a set of provisions pursuing a distinct objective or producing a distinct effect.","paragraph_id":"para_118"},{"text":"68       Conversely, as the Advocate General stated, in essence, in point 79 of his Opinion, there may be situations in which it would be artificial to split up a set of provisions, either because they are indissociable or because some of them are ancillary to others.","paragraph_id":"para_119"},{"text":"69       As regards the degree of connection between the various provisions of those regulations and the organisation and pursuit of the activity in question or the corporate purpose of the federation which adopted them, that is not decisive when determining whether the conditions for the applicatio …","paragraph_id":"para_120"},{"text":"70       In the light of all the foregoing, the answer to the second question is that Article 101(1) TFEU must be interpreted as meaning that, in order to determine whether the exception identified in the judgments of 19 February 2002, Wouters and Others (C‑309/99, EU:C:2002:98), and of 18 July 2006 …","paragraph_id":"para_121"},{"text":"Costs","paragraph_id":"para_122"},{"text":"71       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_123"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_124"},{"text":"1.       Article 101(1) TFEU must be interpreted as meaning that the exception to the application of that provision to restrictions of competition pursuing a legitimate objective in the public interest, as identified by the Court in the judgments of 19 February 2002, Wouters and Others (C ‑ 309/99, …","paragraph_id":"para_125"},{"text":"–         were adopted by that federation acting for that purpose as an undertaking or an association of undertakings and are capable of affecting trade between Member States;","paragraph_id":"para_126"},{"text":"–         cannot be classified as an agreement between undertakings or a decision by an association of undertakings the object of which is the prevention, restriction or distortion of competition; and","paragraph_id":"para_127"},{"text":"–         pursue one or more legitimate objectives in the public interest which are not, in themselves, anticompetitive and are proportionate to the pursuit of that objective or those objectives, which means, first, that those regulations are appropriate for securing their attainment, second, that t …","paragraph_id":"para_128"},{"text":"2.       Article 101(1) TFEU must be interpreted as meaning that, in order to determine whether the exception identified in the judgments of 19 February 2002, Wouters and Others (C ‑ 309/99, EU:C:2002:98), and of 18 July 2006, Meca-Medina and Majcen v Commission (C ‑ 519/04 P, EU:C:2006:492), applie …","paragraph_id":"para_129"},{"text":"[Signatures]","paragraph_id":"para_130"},{"text":"*       Language of the case: German.","paragraph_id":"para_131"}],"operative_part":"On those grounds, the Court (Fifth Chamber) hereby rules:\n\n1.       Article 101(1) TFEU must be interpreted as meaning that the exception to the application of that provision to restrictions of competition pursuing a legitimate objective in the public interest, as identified by the Court in the judg …","word_count":7057,"cites":["C-309/99","C-519/04","C-333/21","C-133/24","C-666/20","C-164/21","C-318/21","C-128/21","C-94/04","C-202/04","C-184/13","C-187/13","C-194/13","C-195/13","C-208/13","C-650/22","C-136/12","C-298/22","C-427/16","C-428/16"],"sha256":"62115d50835b0fab184514534bba247365bf4500466dd71bbaadd28fee00e2d9","source_url":"https://publications.europa.eu/resource/celex/62023CJ0428","fetched_at":"2026-09-28T06:29:49.188+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-428-23-62023cj0428","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-428-23-62023cj0428","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-428-23-62023cj0428","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-428-23-62023cj0428","verification_scope":{"stored_hash_is_source_verification":false,"official_source_comparison":"not_performed","legal_review":"not_assessed"},"decision_object":{"schema_version":"1","object_id":"decision:eu:c-428-23-62023cj0428","judgment_class":"E","operative_part":"present","cites_count":20,"word_count":7057,"decision_url":null},"agent_links":{"agent_root":"https://legal.exploreworldai.com/agent.json","agent_overview":"https://legal.exploreworldai.com/api/public/rapid/agent/overview"}},"hash":"sha256:23ade4f103aefbdf5446c5eabace8f9b9307b5eea676f59238ab6928274fd0bb","version":"legal-2026-11-03","expires":"2026-11-05T00:00:00.000Z","dependency":{"index_version":"legal-2026-11-03+legal-2026-11-03+2026-11-03T18:20:21","content_hash":"sha256:23ade4f103aefbdf5446c5eabace8f9b9307b5eea676f59238ab6928274fd0bb","revalidate_after":"2026-11-04T06:24:00.345Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-428-23-62023cj0428","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-428-23-62023cj0428"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-428-23-62023cj0428"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-428-23-62023cj0428"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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