{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:m-l-c-209-23","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:m-l-c-209-23)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-24","fingerprint":"ewai:eu:210f09","proof":"sha256:87a35ef905c373480c51adda7c1d94a3a953800cd342422c2d116d03fb58c8af","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:m-l-c-209-23","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 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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","para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","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","para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_78","para_79","para_80"],"kind":"assessment"},{"title":"I.       Legal framework","paragraphs":["para_81"],"kind":"legal_framework"},{"title":"A.       European Union 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The admissibility of the question referred for a preliminary ruling","paragraphs":["para_412","para_413","para_414","para_415","para_416","para_417","para_418","para_419","para_420","para_421","para_422"],"kind":"questions"},{"title":"IV.     Substance","paragraphs":["para_423","para_424","para_425","para_426","para_427","para_428","para_429","para_430","para_431","para_432","para_433","para_434","para_435","para_436","para_437","para_438","para_439","para_440","para_441","para_442","para_443","para_444","para_445","para_446","para_447","para_448","para_449","para_450","para_451","para_452","para_453","para_454","para_455","para_456","para_457","para_458","para_459","para_460","para_461","para_462","para_463","para_464","para_465","para_466","para_467","para_468","para_469","para_470","para_471","para_472","para_473","para_474","para_475","para_476","para_477","para_478","para_479","para_480","para_481","para_482","para_483","para_484","para_485","para_486","para_487","para_488","para_489","para_490","para_491","para_492","para_493","para_494","para_495","para_496","para_497","para_498","para_499","para_500","para_501","para_502","para_503","para_504","para_505","para_506","para_507","para_508","para_509","para_510","para_511","para_512","para_513","para_514","para_515","para_516","para_517","para_518","para_519","para_520","para_521","para_522","para_523","para_524","para_525","para_526","para_527","para_528","para_529","para_530","para_531","para_532","para_533","para_534","para_535","para_536","para_537","para_538","para_539","para_540","para_541","para_542","para_543","para_544","para_545","para_546","para_547","para_548","para_549","para_550","para_551","para_552","para_553","para_554","para_555","para_556","para_557","para_558","para_559","para_560","para_561","para_562","para_563","para_564","para_565","para_566","para_567","para_568","para_569","para_570","para_571","para_572","para_573","para_574","para_575","para_576","para_577","para_578","para_579","para_580","para_581","para_582","para_583","para_584","para_585","para_586","para_587","para_588","para_589","para_590","para_591","para_592","para_593","para_594","para_595","para_596","para_597","para_598","para_599","para_600","para_601","para_602","para_603","para_604","para_605","para_606","para_607","para_608","para_609","para_610","para_611","para_612","para_613","para_614","para_615","para_616","para_617","para_618","para_619","para_620","para_621","para_622","para_623","para_624","para_625","para_626","para_627","para_628","para_629","para_630","para_631","para_632","para_633","para_634","para_635","para_636","para_637","para_638","para_639","para_640","para_641","para_642","para_643","para_644","para_645","para_646","para_647","para_648","para_649","para_650","para_651","para_652","para_653","para_654","para_655","para_656","para_657","para_658","para_659","para_660","para_661","para_662","para_663","para_664","para_665","para_666","para_667","para_668","para_669","para_670","para_671","para_672","para_673","para_674","para_675","para_676","para_677","para_678","para_679","para_680","para_681","para_682","para_683","para_684","para_685","para_686","para_687","para_688","para_689","para_690","para_691","para_692","para_693","para_694","para_695","para_696","para_697","para_698","para_699","para_700","para_701","para_702","para_703","para_704","para_705","para_706","para_707","para_708","para_709","para_710","para_711","para_712","para_713","para_714","para_715","para_716","para_717","para_718","para_719","para_720","para_721","para_722","para_723","para_724","para_725","para_726","para_727","para_728","para_729","para_730","para_731","para_732","para_733","para_734","para_735","para_736","para_737","para_738","para_739","para_740","para_741","para_742","para_743","para_744","para_745","para_746","para_747","para_748","para_749","para_750","para_751","para_752","para_753","para_754","para_755","para_756","para_757","para_758","para_759","para_760","para_761","para_762","para_763","para_764","para_765","para_766","para_767","para_768","para_769","para_770","para_771","para_772","para_773","para_774","para_775","para_776","para_777","para_778","para_779","para_780","para_781","para_782","para_783","para_784","para_785","para_786","para_787","para_788","para_789","para_790","para_791","para_792","para_793"],"kind":"questions"},{"title":"Costs","paragraphs":["para_794","para_795"],"kind":"costs"},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_796","para_797","para_798","para_799","para_800","para_801","para_802","para_803"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"ENJUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"16 July 2026 ( * )","paragraph_id":"para_3"},{"text":"Table of contents","paragraph_id":"para_4"},{"text":"I. Legal framework","paragraph_id":"para_5"},{"text":"A. European Law","paragraph_id":"para_6"},{"text":"1. The FEU Treaty","paragraph_id":"para_7"},{"text":"2. The GDPR","paragraph_id":"para_8"},{"text":"B. FIFA rules","paragraph_id":"para_9"},{"text":"1. FIFA Football Agent Regulations","paragraph_id":"para_10"},{"text":"2. The RSTP","paragraph_id":"para_11"},{"text":"3. The FIFA Statutes","paragraph_id":"para_12"},{"text":"4. The FIFA Disciplinary Code","paragraph_id":"para_13"},{"text":"5. The FIFA Code of Ethics","paragraph_id":"para_14"},{"text":"II. The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_15"},{"text":"III. The admissibility of the question referred for a preliminary ruling","paragraph_id":"para_16"},{"text":"IV. Substance","paragraph_id":"para_17"},{"text":"A. The application of the provisions of the FEU Treaty on competition law and the freedom to provide services","paragraph_id":"para_18"},{"text":"1. Preliminary observations","paragraph_id":"para_19"},{"text":"2. The application of the FEU Treaty provisions on competition law","paragraph_id":"para_20"},{"text":"(a) The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 101 TFEU","paragraph_id":"para_21"},{"text":"(1) The existence of an agreement, decision or concerted practice","paragraph_id":"para_22"},{"text":"(2) The effect on trade between Member States","paragraph_id":"para_23"},{"text":"(3) The fact that the conduct at issue must have as its ‘object’ or ‘effect’ the restriction of competition","paragraph_id":"para_24"},{"text":"(i) The concept of ‘restriction of competition by object’","paragraph_id":"para_25"},{"text":"(ii) The possibility of categorising rules such as those mentioned by the referring court in its question as a restriction of competition by ‘object’","paragraph_id":"para_26"},{"text":"– The rules restricting multiple representation","paragraph_id":"para_27"},{"text":"– The rules on the remuneration which an agent may claim in respect of the recruitment of a player or a coach","paragraph_id":"para_28"},{"text":"– The rules on agent licences","paragraph_id":"para_29"},{"text":"– The rules on making an approach","paragraph_id":"para_30"},{"text":"– The rules organising the collection of certain information on a digital platform operated by FIFA and the communication of part of that information","paragraph_id":"para_31"},{"text":"– Interim conclusion","paragraph_id":"para_32"},{"text":"(iii) Categorisation of the existence of conduct having as its effect the prevention, restriction or distortion of competition","paragraph_id":"para_33"},{"text":"(iv) Whether a possible restriction of competition by ‘object’ or ‘effect’ may be justified","paragraph_id":"para_34"},{"text":"– Whether particular conduct may be regarded as falling outside the prohibition laid down in Article 101(1) TFEU because it pursues an objective in the public interest","paragraph_id":"para_35"},{"text":"– Whether certain conduct may fall within the scope of Article 101(3) TFEU","paragraph_id":"para_36"},{"text":"(b) The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 102 TFEU","paragraph_id":"para_37"},{"text":"(1) Whether the conduct in question originates from one or more undertakings","paragraph_id":"para_38"},{"text":"(2) Holding a dominant position on the internal market or on a substantial part of it","paragraph_id":"para_39"},{"text":"(3) The concept of ‘effect on trade between Member States’","paragraph_id":"para_40"},{"text":"(4) Whether there is an abuse","paragraph_id":"para_41"},{"text":"(5) Whether conduct falling within the scope of Article 102(3) TFEU may be justified","paragraph_id":"para_42"},{"text":"3. The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 56 TFEU","paragraph_id":"para_43"},{"text":"(a) Whether there is an obstacle","paragraph_id":"para_44"},{"text":"(b) Whether there are justifications","paragraph_id":"para_45"},{"text":"B. The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 6 of the GDPR","paragraph_id":"para_46"},{"text":"1. The processing of personal data provided for in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR","paragraph_id":"para_47"},{"text":"(a) Compliance with the first requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_48"},{"text":"(b) Compliance with the second requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_49"},{"text":"(c) Compliance with the third requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_50"},{"text":"2. The processing of personal data provided for in Article 19 of the FFAR","paragraph_id":"para_51"},{"text":"(a) Compliance with the first requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_52"},{"text":"(b) Compliance with the second requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_53"},{"text":"(c) Compliance with the third requirement set out in point (f) of the first subparagraph of Article 6(1) of the GDPR","paragraph_id":"para_54"},{"text":"Costs","paragraph_id":"para_55"},{"text":"( Reference for a preliminary ruling – Internal market – Competition – Professional football – Fédération Internationale de Football Association (FIFA) Football Agent Regulations – Rules on agents’ remuneration, agent licences, multiple representation, making an approach and the communication of cer …","paragraph_id":"para_56"},{"text":"In Case C‑209/23,","paragraph_id":"para_57"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Landgericht Mainz (Regional Court, Mainz, Germany), made by decision of 30 March 2023, received at the Court on 31 March 2023, in the proceedings","paragraph_id":"para_58"},{"text":"FT,","paragraph_id":"para_59"},{"text":"RRC Sports GmbH","paragraph_id":"para_60"},{"text":"v","paragraph_id":"para_61"},{"text":"Fédération Internationale de Football Association (FIFA),","paragraph_id":"para_62"},{"text":"THE COURT (Fifth Chamber)","paragraph_id":"para_63"},{"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_64"},{"text":"Advocate General: N. Emiliou,","paragraph_id":"para_65"},{"text":"Registrar: R. Șereș, Administrator,","paragraph_id":"para_66"},{"text":"having regard to the written procedure and further to the hearing on 12 February 2025,","paragraph_id":"para_67"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_68"},{"text":"–        FT and RRC Sports GmbH, by T. Bernhard, A. Fritzsche, S. Kirchgeßner and C. von Köckritz, Rechtsanwälte,","paragraph_id":"para_69"},{"text":"–        Fédération Internationale de Football Association (FIFA), by M.B. Keane, D. Slater and D. Waelbroeck, avocats, and by S. Milde and N. Nohlen, Rechtsanwälte,","paragraph_id":"para_70"},{"text":"–        the German Government, by J. Möller and R. Kanitz, acting as Agents,","paragraph_id":"para_71"},{"text":"–        the Greek Government, by K. Boskovits, acting as Agent,","paragraph_id":"para_72"},{"text":"–        the French Government, by R. Bénard and T. Lechevallier, acting as Agents,","paragraph_id":"para_73"},{"text":"–        the Hungarian Government, by M.Z. Fehér and K. Szíjjártó, acting as Agents,","paragraph_id":"para_74"},{"text":"–        the European Commission, by S. Baches Opi, A. Bouchagiar, M. Mataija and G. Meeßen, acting as Agents,","paragraph_id":"para_75"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 15 May 2025,","paragraph_id":"para_76"},{"text":"gives the following","paragraph_id":"para_77"},{"text":"Judgment","paragraph_id":"para_78"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Articles 56, 101 and 102 TFEU and of Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1; ‘the GDPR’).","paragraph_id":"para_79"},{"text":"2         The request was made in the course of proceedings between FT, a football players’ agent, together with RRC Sports GmbH, a limited liability company governed by German law, which itself operates as a players’ agent, and the Fédération Internationale de Football Association (FIFA), concerning the lawfulness of FIFA’s regulations relating to services provided under the international transfer system for players and coaches.","paragraph_id":"para_80"},{"text":"I.       Legal framework","paragraph_id":"para_81"},{"text":"A.       European Union Law","paragraph_id":"para_82"},{"text":"1.       The FEU Treaty","paragraph_id":"para_83"},{"text":"3         Article 56 TFEU provides:","paragraph_id":"para_84"},{"text":"‘Within the framework of the provisions set out below, restrictions on freedom to provide services within the [European] Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.","paragraph_id":"para_85"},{"text":"The European Parliament and the Council [of the European Union], acting in accordance with the ordinary legislative procedure, may extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Union.’","paragraph_id":"para_86"},{"text":"4         Article 101 TFEU provides:","paragraph_id":"para_87"},{"text":"‘1.      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_88"},{"text":"(a)      directly or indirectly fix purchase or selling prices or any other trading conditions;","paragraph_id":"para_89"},{"text":"(b)      limit or control production, markets, technical development, or investment;","paragraph_id":"para_90"},{"text":"(c)      share markets or sources of supply;","paragraph_id":"para_91"},{"text":"(d)      apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;","paragraph_id":"para_92"},{"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_93"},{"text":"2.      Any agreements or decisions prohibited pursuant to this Article shall be automatically void.","paragraph_id":"para_94"},{"text":"3.      The provisions of paragraph 1 may, however, be declared inapplicable in the case of:","paragraph_id":"para_95"},{"text":"–        any agreement or category of agreements between undertakings,","paragraph_id":"para_96"},{"text":"–        any decision or category of decisions by associations of undertakings,","paragraph_id":"para_97"},{"text":"–        any concerted practice or category of concerted practices","paragraph_id":"para_98"},{"text":"which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:","paragraph_id":"para_99"},{"text":"(a)      impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;","paragraph_id":"para_100"},{"text":"(b)      afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.’","paragraph_id":"para_101"},{"text":"5         Article 102 TFEU is worded as follows:","paragraph_id":"para_102"},{"text":"‘Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.","paragraph_id":"para_103"},{"text":"Such abuse may, in particular, consist in:","paragraph_id":"para_104"},{"text":"(a)      directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;","paragraph_id":"para_105"},{"text":"(b)      limiting production, markets or technical development to the prejudice of consumers;","paragraph_id":"para_106"},{"text":"(c)      applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;","paragraph_id":"para_107"},{"text":"(d)      making 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_108"},{"text":"2.       The GDPR","paragraph_id":"para_109"},{"text":"6         Recital 47 of the GDPR states:","paragraph_id":"para_110"},{"text":"‘The legitimate interests of a controller, including those of a controller to which the personal data may be disclosed, or of a third party, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding, taking int …","paragraph_id":"para_111"},{"text":"7         Article 1 of the GDPR, entitled ‘Subject matter and objectives’, provides, in paragraph 1:","paragraph_id":"para_112"},{"text":"‘This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.’","paragraph_id":"para_113"},{"text":"8         Article 2 of the GDPR, entitled ‘Material scope’, provides, in paragraph 1:","paragraph_id":"para_114"},{"text":"‘This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.’","paragraph_id":"para_115"},{"text":"9         Article 3 of the GDPR, entitled ‘Territorial scope’, states, in paragraph 2:","paragraph_id":"para_116"},{"text":"‘This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:","paragraph_id":"para_117"},{"text":"(a)      the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or","paragraph_id":"para_118"},{"text":"(b)      the monitoring of their behaviour as far as their behaviour takes place within the Union.’","paragraph_id":"para_119"},{"text":"10       Article 4(2) and (6) of the GDPR, entitled ‘Definitions’, is worded as follows:","paragraph_id":"para_120"},{"text":"‘For the purposes of this Regulation:","paragraph_id":"para_121"},{"text":"(2)      “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;","paragraph_id":"para_122"},{"text":"…","paragraph_id":"para_123"},{"text":"(6)      “filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis’.","paragraph_id":"para_124"},{"text":"11       Article 5 of the GDPR, entitled ‘Principles relating to processing of personal data’, provides, in paragraph 1:","paragraph_id":"para_125"},{"text":"‘Personal data shall be:","paragraph_id":"para_126"},{"text":"(a)      processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”);","paragraph_id":"para_127"},{"text":"…","paragraph_id":"para_128"},{"text":"(c)      adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimisation”);","paragraph_id":"para_129"},{"text":"…’","paragraph_id":"para_130"},{"text":"12       Article 6 of the GDPR, entitled ‘Lawfulness of processing’, provides, in the first subparagraph of paragraph 1:","paragraph_id":"para_131"},{"text":"‘Processing shall be lawful only if and to the extent that at least one of the following applies:","paragraph_id":"para_132"},{"text":"…","paragraph_id":"para_133"},{"text":"(f)      processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.’","paragraph_id":"para_134"},{"text":"13       Article 10 of the GDPR, entitled ‘Processing of personal data relating to criminal convictions and offences’, provides:","paragraph_id":"para_135"},{"text":"‘Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.’","paragraph_id":"para_136"},{"text":"14       Article 23 of the GDPR, entitled ‘Restrictions’, states:","paragraph_id":"para_137"},{"text":"‘1.      Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and …","paragraph_id":"para_138"},{"text":"(a)      national security;","paragraph_id":"para_139"},{"text":"(b)      defence;","paragraph_id":"para_140"},{"text":"(c)      public security;","paragraph_id":"para_141"},{"text":"(d)      the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;","paragraph_id":"para_142"},{"text":"(e)      other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;","paragraph_id":"para_143"},{"text":"(f)      the protection of judicial independence and judicial proceedings;","paragraph_id":"para_144"},{"text":"(g)      the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;","paragraph_id":"para_145"},{"text":"(h)      a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);","paragraph_id":"para_146"},{"text":"(i)      the protection of the data subject or of the rights and freedoms of others;","paragraph_id":"para_147"},{"text":"(j)      the enforcement of civil law claims.","paragraph_id":"para_148"},{"text":"2.      In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:","paragraph_id":"para_149"},{"text":"(a)      the purposes of the processing or categories of processing;","paragraph_id":"para_150"},{"text":"(b)      the categories of personal data;","paragraph_id":"para_151"},{"text":"(c)      the scope of the restrictions introduced;","paragraph_id":"para_152"},{"text":"(d)      the safeguards to prevent abuse or unlawful access or transfer;","paragraph_id":"para_153"},{"text":"(e)      the specification of the controller or categories of controllers;","paragraph_id":"para_154"},{"text":"(f)      the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;","paragraph_id":"para_155"},{"text":"(g)      the risks to the rights and freedoms of data subjects; and","paragraph_id":"para_156"},{"text":"(h)      the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.’","paragraph_id":"para_157"},{"text":"B.       FIFA rules","paragraph_id":"para_158"},{"text":"1.       FIFA Football Agent Regulations","paragraph_id":"para_159"},{"text":"15       The FIFA Football Agent Regulations (‘the FFAR’) were adopted by FIFA’s Council at its meeting on 16 December 2022 and were published on 6 January 2023. Articles 1 to 10 and 22 to 27 of the FFAR entered into force on 9 January 2023. The other provisions of those regulations entered into force on 1 October 2023.","paragraph_id":"para_160"},{"text":"16       The FFAR contain the following definitions:","paragraph_id":"para_161"},{"text":"‘Approach: (i) any physical, in-person contact or contact via any means of electronic communication with a Client; (ii) any direct or indirect contact with another person or organisation linked to a Client, such as a family member or friend; or (iii) any action when a Football Agent uses or directs another person or organisation to contact a Client on their behalf in the manner described in (i) or (ii) above.","paragraph_id":"para_162"},{"text":"Client: a member association, club, player, coach, or Single-Entity League that may engage a Football Agent to provide Football Agent Services.","paragraph_id":"para_163"},{"text":"Connected Football Agent: a Football Agent is connected to another Football Agent as a result of their: (i) being employed or contractually retained by the same Agency through which Football Agent Services are conducted; (ii) both being directors, shareholders in, or co-owners of the same Agency thr …","paragraph_id":"para_164"},{"text":"Engaging Entity: a club, member association or Single-Entity League that may engage a player or coach.","paragraph_id":"para_165"},{"text":"…","paragraph_id":"para_166"},{"text":"Football Agent Services: football-related services performed for or on behalf of a Client, including any negotiation, communication relating or preparatory to the same, or other related activity, with the purpose, objective and/or intention of concluding a Transaction.","paragraph_id":"para_167"},{"text":"Individual: player or coach.","paragraph_id":"para_168"},{"text":"…","paragraph_id":"para_169"},{"text":"Platform: the digital platform operated by FIFA through which the licensing process, dispute resolution process, continuing professional development (CPD) and reporting shall occur.","paragraph_id":"para_170"},{"text":"…","paragraph_id":"para_171"},{"text":"Releasing Entity: a club, member association or Single-Entity League that a player or coach is leaving to be employed and/or registered by an Engaging Entity.","paragraph_id":"para_172"},{"text":"…","paragraph_id":"para_173"},{"text":"Single-Entity League: an entity affiliated to a member association that organises a league (or leagues) and represents the common interests of its clubs, for example, by acting as the employer of all club players.’","paragraph_id":"para_174"},{"text":"17       Title I of the FFAR, ‘General rules’, contains Articles 1 to 3.","paragraph_id":"para_175"},{"text":"18       Article 1 of the FFAR, entitled ‘Objectives’, states:","paragraph_id":"para_176"},{"text":"‘1.      FIFA has a statutory obligation to regulate all matters relating to the football transfer system. The core objectives of the football transfer system are to:","paragraph_id":"para_177"},{"text":"(a)      protect the contractual stability between professional players and clubs;","paragraph_id":"para_178"},{"text":"(b)      encourage the training of young players;","paragraph_id":"para_179"},{"text":"(c)      promote a spirit of solidarity between elite and grassroots football;","paragraph_id":"para_180"},{"text":"(d)      protect minors;","paragraph_id":"para_181"},{"text":"(e)      maintain competitive balance; and","paragraph_id":"para_182"},{"text":"(f)      ensure the regularity of sporting competitions.","paragraph_id":"para_183"},{"text":"2.      Regulation of the occupation of Football Agent ensures that the conduct of a Football Agent is consistent with both the core objectives of the football transfer system and the following objectives:","paragraph_id":"para_184"},{"text":"(a)      Raising and setting minimum professional and ethical standards for the occupation of Football Agent;","paragraph_id":"para_185"},{"text":"(b)      Ensuring the quality of the service provided by Football Agents to Clients at fair and reasonable service fees that are uniformly applicable;","paragraph_id":"para_186"},{"text":"(c)      Limiting conflicts of interest to protect Clients from unethical conduct;","paragraph_id":"para_187"},{"text":"(d)      Improving financial and administrative transparency;","paragraph_id":"para_188"},{"text":"(e)      Protecting players who lack experience or information relating to the football transfer system;","paragraph_id":"para_189"},{"text":"(f)      Enhancing contractual stability between players, coaches and clubs; and","paragraph_id":"para_190"},{"text":"(g)      Preventing abusive, excessive and speculative practices.’","paragraph_id":"para_191"},{"text":"19       Article 2 of the FFAR, entitled ‘Scope’, states, in paragraphs 1 and 2:","paragraph_id":"para_192"},{"text":"‘1.      These Regulations govern the occupation of Football Agents within the international transfer system and apply:","paragraph_id":"para_193"},{"text":"(a)      to all Representation Agreements with an international dimension; or","paragraph_id":"para_194"},{"text":"(b)      any conduct connected to an international transfer or international Transaction.","paragraph_id":"para_195"},{"text":"2.      A Representation Agreement will have an international dimension whenever:","paragraph_id":"para_196"},{"text":"(a)      it governs Football Agent Services related to a Specified Transaction in connection with an international transfer (or a move of a coach to a club affiliated to a different member association from that of their previous employer or to another member association than that of their previous employer); or","paragraph_id":"para_197"},{"text":"(b)      it governs Football Agent Services related to more than one Specified Transaction, one of which is connected to an international transfer (or a move of a coach to a club affiliated to a different member association from that of their previous employer or to another member association than that of their previous employer).’","paragraph_id":"para_198"},{"text":"20       Article 3(1) and (2) of the FFAR, entitled ‘National football agent regulations’, provides:","paragraph_id":"para_199"},{"text":"‘1 .       Member associations shall implement and enforce national football agent regulations by 30 September 2023.","paragraph_id":"para_200"},{"text":"2.      The national football agent regulations govern the occupation of Football Agents within the territory under the jurisdiction of the relevant member associations and apply to all Representation Agreements that do not have an international dimension. The national football agent regulations must be consistent with these Regulations. In particular, they shall:","paragraph_id":"para_201"},{"text":"(a)      incorporate articles 11 to 21 of these Regulations by reference;","paragraph_id":"para_202"},{"text":"(b)      incorporate references to any mandatory element of national law;","paragraph_id":"para_203"},{"text":"(c)      provide jurisdiction to a national-level body for the determination of any disputes, as established in these Regulations; and","paragraph_id":"para_204"},{"text":"(d)      provide jurisdiction to a national-level body to take disciplinary measures, as established in these Regulations.’","paragraph_id":"para_205"},{"text":"21       Title II of the FFAR, ‘Becoming a football agent’, contains Articles 4 to 10.","paragraph_id":"para_206"},{"text":"22       Article 4 of the FFAR, entitled ‘General provisions’, provides:","paragraph_id":"para_207"},{"text":"‘1.      A natural person may become a Football Agent by:","paragraph_id":"para_208"},{"text":"(a)      submitting a complete licence application via the Platform;","paragraph_id":"para_209"},{"text":"(b)      complying with the eligibility requirements;","paragraph_id":"para_210"},{"text":"(c)      successfully passing the exam conducted by FIFA; and","paragraph_id":"para_211"},{"text":"(d)      paying an annual fee to FIFA.","paragraph_id":"para_212"},{"text":"2.      By applying for a licence, an applicant agrees to abide by these Regulations and the FIFA Statutes, FIFA Code of Ethics, FIFA Disciplinary Code and [FIFA Regulations on the Status and Transfer of Players (“RSTP”)], all of which are available on www.fifa.com.’","paragraph_id":"para_213"},{"text":"23       Article 5(1)(a)(ii) and (iii) of the FFAR, entitled ‘Eligibility requirements’, provides:","paragraph_id":"para_214"},{"text":"‘1.      An applicant must:","paragraph_id":"para_215"},{"text":"(a)      upon submitting their licence application (and subsequently thereafter, including after being granted a licence):","paragraph_id":"para_216"},{"text":"…","paragraph_id":"para_217"},{"text":"ii.      never have been convicted of a criminal charge, including any related settlements, regarding matters related to: organised crime, drug trafficking, corruption, bribery, money laundering, tax evasion, fraud, match manipulation, misappropriation of funds, conversion, breach of fiduciary duty, forgery, legal malpractice, sexual abuse, violent crimes, harassment, exploitation or child or vulnerable young adult trafficking;","paragraph_id":"para_218"},{"text":"iii.      never have been the subject of a suspension of two years or more, disqualification or striking off by any regulatory authority or sports governing body for failure to comply with rules relating to ethics and professional conduct’.","paragraph_id":"para_219"},{"text":"24       Title III of the FFAR, ‘Acting as a football agent’, contains Articles 11 to 17.","paragraph_id":"para_220"},{"text":"25       Article 11 of the FFAR, entitled ‘General provisions’, states, in paragraphs 1 to 3:","paragraph_id":"para_221"},{"text":"‘1 .       Only a Football Agent may perform Football Agent Services.","paragraph_id":"para_222"},{"text":"2.      A Football Agent must always satisfy the eligibility requirements in article 5 of these Regulations.","paragraph_id":"para_223"},{"text":"3.      A Football Agent may conduct their business affairs through an Agency. Any employees or contractors hired by the Agency that are not Football Agents may not perform Football Agent Services or make any Approach to a potential Client to enter into a Representation Agreement. A Football Agent remains fully responsible for any conduct by their Agency, its employees, contractors or other representatives should they violate these Regulations.’","paragraph_id":"para_224"},{"text":"26       Article 12 of the FFAR, entitled ‘Representation’, states:","paragraph_id":"para_225"},{"text":"‘…","paragraph_id":"para_226"},{"text":"3.      A Representation Agreement concluded between an Individual and a Football Agent may not exceed two years. This term may be extended by a new Representation Agreement only. Any automatic renewal provision, or any other provision that purports to extend any term of the Representation Agreement beyond the maximum period, shall be null and void.","paragraph_id":"para_227"},{"text":"…","paragraph_id":"para_228"},{"text":"5.      A Representation Agreement concluded between an Engaging Entity or Releasing Entity and a Football Agent is not subject to a maximum duration.","paragraph_id":"para_229"},{"text":"…","paragraph_id":"para_230"},{"text":"7.      A Representation Agreement is valid only if it contains the following minimum requirements:","paragraph_id":"para_231"},{"text":"(a)      The names of the parties","paragraph_id":"para_232"},{"text":"(b)      The duration (if applicable)","paragraph_id":"para_233"},{"text":"(c)      The amount of the service fee due to the Football Agent","paragraph_id":"para_234"},{"text":"(d)      The nature of the Football Agent Services to be provided","paragraph_id":"para_235"},{"text":"(e)      The parties’ signatures.","paragraph_id":"para_236"},{"text":"8.      A Football Agent may only perform Football Agent Services and Other Services for one party in a Transaction, subject to the sole exception in this article.","paragraph_id":"para_237"},{"text":"(a)      Permitted dual representation: a Football Agent may perform Football Agent Services and Other Services for an Individual and an Engaging Entity in the same Transaction, provided that prior explicit written consent is given by both Clients.","paragraph_id":"para_238"},{"text":"9.      A Football Agent may, in particular, not perform Football Agent Services or Other Services in the same Transaction for:","paragraph_id":"para_239"},{"text":"(a)      a Releasing Entity and Individual; or","paragraph_id":"para_240"},{"text":"(b)      a Releasing Entity and Engaging Entity; or","paragraph_id":"para_241"},{"text":"(c)      all parties within the same Transaction.","paragraph_id":"para_242"},{"text":"10.      A Football Agent and a Connected Football Agent may not perform Football Agent Services or Other Services for different Clients in the same Transaction, except in accordance with paragraph 8 of this article.","paragraph_id":"para_243"},{"text":"…","paragraph_id":"para_244"},{"text":"13.      Any clause in a Representation Agreement that:","paragraph_id":"para_245"},{"text":"(a)      limits an Individual’s ability to autonomously negotiate and conclude an employment contract without the involvement of a Football Agent; and/or","paragraph_id":"para_246"},{"text":"(b)      penalises an Individual if they autonomously negotiate and/or conclude an employment contract without the involvement of a Football Agent,","paragraph_id":"para_247"},{"text":"will be null and void.","paragraph_id":"para_248"},{"text":"…’","paragraph_id":"para_249"},{"text":"27       Article 14 of the FFAR, entitled ‘Service fee – general principles’, provides:","paragraph_id":"para_250"},{"text":"‘1.      A Football Agent may charge a service fee to a Client as agreed in a Representation Agreement.","paragraph_id":"para_251"},{"text":"2.      Payment of the service fee due under a Representation Agreement shall be made exclusively by the Client of the Football Agent. A Client may not contract with or authorise any third party to make such payment.","paragraph_id":"para_252"},{"text":"3.      The only exception to the principle in paragraph 2 of this article is when a Football Agent is representing an Individual and their negotiated annual Remuneration is less than [200 000 United States dollars (USD)] (or equivalent), not counting any conditional payments. In such cases, an Enga …","paragraph_id":"para_253"},{"text":"(a)      The service fee payment made by the Engaging Entity on behalf of the Individual shall not affect the fiduciary duty of the Football Agent to the Individual. It must also not create any dependency or subordination of the Football Agent towards the Engaging Entity.","paragraph_id":"para_254"},{"text":"(b)      The service fee payment made by the Engaging Entity on behalf of the Individual must be no higher than the agreed service fee in the Representation Agreement between the Individual and Football Agent.","paragraph_id":"para_255"},{"text":"(c)      The Engaging Entity may not deduct any service fee payment made pursuant to paragraph 3 of this article from the Individual’s Remuneration.","paragraph_id":"para_256"},{"text":"…","paragraph_id":"para_257"},{"text":"6.      Payment of any service fee shall be made after the closure of the relevant registration period and in instalments every three months for the duration of the negotiated employment contract.","paragraph_id":"para_258"},{"text":"7.      Only the Remuneration actually received by an Individual shall be subject to the payment of a service fee, calculated on a pro-rata basis.","paragraph_id":"para_259"},{"text":"…","paragraph_id":"para_260"},{"text":"10.      Where a Football Agent acts on behalf of an Engaging Entity and an Individual in the same Transaction under article 12 paragraph 8 a) of these Regulations (permitted dual representation), the Engaging Entity may pay up to 50% of the total service fee due.","paragraph_id":"para_261"},{"text":"…","paragraph_id":"para_262"},{"text":"12.      A Football Agent is not entitled to receive any service fee not yet due deriving from a negotiated employment contract where:","paragraph_id":"para_263"},{"text":"(a)      the Individual transfers to another Engaging Entity before the negotiated employment contract expires; or","paragraph_id":"para_264"},{"text":"(b)      the negotiated employment contract is prematurely terminated by the Individual without just cause and the Football Agent still represents the Individual at the time of that termination.","paragraph_id":"para_265"},{"text":"…’","paragraph_id":"para_266"},{"text":"28       Article 15 of the FFAR, entitled ‘Service fee cap’, provides:","paragraph_id":"para_267"},{"text":"‘1.      The service fee payable to a Football Agent for the performance of Football Agent Services shall be calculated as follows:","paragraph_id":"para_268"},{"text":"(a)      When representing an Individual or Engaging Entity: based on the Individual’s Remuneration","paragraph_id":"para_269"},{"text":"(b)      When representing a Releasing Entity: based on the transfer compensation for the relevant Transaction.","paragraph_id":"para_270"},{"text":"2.      The maximum service fee payable for the provision of Football Agent Services in a Transaction, regardless of the number of Football Agents providing Football Agent Services to a particular Client, is:","paragraph_id":"para_271"},{"text":"Service fee cap","paragraph_id":"para_272"},{"text":"Client","paragraph_id":"para_273"},{"text":"Individual’s annual Remuneration less than or equal to USD 200 000 (or equivalent)","paragraph_id":"para_274"},{"text":"Individual’s annual Remuneration above USD 200 000 (or equivalent)","paragraph_id":"para_275"},{"text":"Individual","paragraph_id":"para_276"},{"text":"5% of the Individual’s Remuneration","paragraph_id":"para_277"},{"text":"3% of the Individual’s Remuneration","paragraph_id":"para_278"},{"text":"Engaging Entity","paragraph_id":"para_279"},{"text":"5% of the Individual’s Remuneration","paragraph_id":"para_280"},{"text":"3% of the Individual’s Remuneration","paragraph_id":"para_281"},{"text":"Engaging Entity and Individual (permitted dual representation)","paragraph_id":"para_282"},{"text":"10% of the Individual’s Remuneration","paragraph_id":"para_283"},{"text":"6% of the Individual’s Remuneration","paragraph_id":"para_284"},{"text":"Releasing Entity (transfer compensation)","paragraph_id":"para_285"},{"text":"10% of the transfer compensation","paragraph_id":"para_286"},{"text":"For the avoidance of doubt, the following shall apply:","paragraph_id":"para_287"},{"text":"a)      The calculation to determine the relevant service fee cap of the Individual’s Remuneration may not take into account any conditional payments.","paragraph_id":"para_288"},{"text":"b)      If an Individual’s Remuneration is above USD 200 000 (or equivalent), the annual excess above that amount shall be subject to a service fee cap of 3% if the Football Agent is representing an Individual or an Engaging Entity or 6% if they are representing both an Engaging Entity and an Individual (permitted dual representation).","paragraph_id":"para_289"},{"text":"c)      The calculation of the transfer compensation may not include:","paragraph_id":"para_290"},{"text":"i.      any amount paid as compensation for breach of contract pursuant to article 17 or Annexe 2 of the RSTP; and/or","paragraph_id":"para_291"},{"text":"ii.      any sell-on fee.","paragraph_id":"para_292"},{"text":"3.      Where a Football Agent or a Connected Football Agent, in the 24 months prior to or following a Transaction, performs Other Services for a Client involved in that Transaction, it shall be presumed that the Other Services formed part of the Football Agent Services performed in that Transaction, unless proven to the contrary.","paragraph_id":"para_293"},{"text":"4.      Where a Football Agent and/or Client fails to rebut the presumption in paragraph 3 of this article, the fees paid for the Other Services shall be deemed to be part of the service fee paid for the Football Agent Services performed in that Transaction.’","paragraph_id":"para_294"},{"text":"29       Article 16 of the FFAR, entitled ‘Rights and obligations’, provides:","paragraph_id":"para_295"},{"text":"‘1.      A Football Agent may:","paragraph_id":"para_296"},{"text":"…","paragraph_id":"para_297"},{"text":"(b)      not Approach a Client that is bound by an exclusive Representation Agreement with another Football Agent, except in the final two months of that exclusive Representation Agreement;","paragraph_id":"para_298"},{"text":"(c)      not enter into a Representation Agreement with a Client that is bound by an exclusive Representation Agreement with another Football Agent, except in the final two months of that exclusive Representation Agreement.","paragraph_id":"para_299"},{"text":"2.      A Football Agent shall:","paragraph_id":"para_300"},{"text":"…","paragraph_id":"para_301"},{"text":"(b)      respect and adhere to the Statutes, regulations, directives and decisions of the competent bodies of FIFA, the confederations and member associations;","paragraph_id":"para_302"},{"text":"…","paragraph_id":"para_303"},{"text":"(f)      pay an annual licence fee to FIFA within the deadline stipulated on the Platform, as described in articles 7 and 17 of these Regulations;","paragraph_id":"para_304"},{"text":"…","paragraph_id":"para_305"},{"text":"(j)      upload to the Platform:","paragraph_id":"para_306"},{"text":"i.      within 14 days of execution, amendment or termination of a Representation Agreement: the relevant Representation Agreement and the information requested on the Platform;","paragraph_id":"para_307"},{"text":"ii.      within 14 days of execution: any agreement with a Client other than a Representation Agreement, including but not limited to agreements relating to Other Services and the information requested on the Platform;","paragraph_id":"para_308"},{"text":"iii.      within 14 days of payment of a service fee: the information requested on the Platform;","paragraph_id":"para_309"},{"text":"iv.      within 14 days of payment of a fee related to any agreement entered into with a Client other than a Representation Agreement: the information requested on the Platform;","paragraph_id":"para_310"},{"text":"v.      within 14 days of occurrence: any contractual or other arrangement between Football Agents to cooperate in the provision of any services or to share the revenue or profits of any part of their Football Agent Services;","paragraph_id":"para_311"},{"text":"vi.      within 14 days of occurrence: any information that may impact the obligation to meet the eligibility requirements; and","paragraph_id":"para_312"},{"text":"vii.      within 14 days of occurrence: any settlement agreement entered into with a Client or another Football Agent;","paragraph_id":"para_313"},{"text":"k)      if they conduct their business affairs through an Agency, upload to the Platform:","paragraph_id":"para_314"},{"text":"i.      within 14 days of the first Transaction involving the Agency: its ownership structure, the identity of the shareholders, the percentage owned in its share capital and/or identity of its beneficial owners;","paragraph_id":"para_315"},{"text":"ii.      within 14 days of the first Transaction involving the Agency: the number of Football Agents that use the same Agency to conduct their business affairs and the name of all its employees; and","paragraph_id":"para_316"},{"text":"iii.      within 30 days of occurrence: any changes to any of the information previously provided in relation to the Agency.","paragraph_id":"para_317"},{"text":"3.      A Football Agent may not engage, or attempt to engage, in the following conduct:","paragraph_id":"para_318"},{"text":"…","paragraph_id":"para_319"},{"text":"(e)      Accept payment of any transfer compensation or training reward that is payable in connection with a player’s transfer between clubs. This includes, without limitation, any rights as described in article 18ter of the RSTP.","paragraph_id":"para_320"},{"text":"…","paragraph_id":"para_321"},{"text":"4.      With regard to disclosure and reporting, a Football Agent shall:","paragraph_id":"para_322"},{"text":"(a)      immediately inform a Client of any written offer (by any means of communication) they have received in relation to their Client;","paragraph_id":"para_323"},{"text":"(b)      provide to a Client, on request, a copy of the relevant Representation Agreement or any other written agreements in relation to Other Services, a copy of the employment contract or any other written documents obtained in relation to the Football Agent Services, a schedule detailing payments of any kind whatsoever made to the Football Agent in relation to a Transaction in which they were involved; and","paragraph_id":"para_324"},{"text":"(c)      upon request, cooperate with the relevant body of each member association, confederation and/or FIFA with respect to any request for any type of information in any form.’","paragraph_id":"para_325"},{"text":"30       Title IV of the FFAR, ‘Rights and obligations of clients’, comprises only Article 18. That article, entitled ‘Engagement of Football Agents’, states:","paragraph_id":"para_326"},{"text":"‘1.      Clients:","paragraph_id":"para_327"},{"text":"…","paragraph_id":"para_328"},{"text":"(c)      shall satisfy themselves that a Football Agent is appropriately licensed by FIFA prior to signing the relevant Representation Agreement;","paragraph_id":"para_329"},{"text":"…","paragraph_id":"para_330"},{"text":"(f)      (for clubs) shall upload to the FIFA Transfer Matching System (TMS) within 14 days of occurrence:","paragraph_id":"para_331"},{"text":"i.      the information requested in TMS on completion of each Transaction that is an international transfer in which the club is involved;","paragraph_id":"para_332"},{"text":"ii.      any amendment to, or termination of, a relevant Representation Agreement;","paragraph_id":"para_333"},{"text":"iii.      any agreement with a Football Agent other than a Representation Agreement, including but not limited to Other Services, and the information requested in TMS;","paragraph_id":"para_334"},{"text":"iv.      the information requested in TMS following the payment of a fee related to any agreement entered into with a Football Agent other than a Representation Agreement; and","paragraph_id":"para_335"},{"text":"(g)      shall immediately report any breaches of these Regulations to FIFA, the confederations or member associations.","paragraph_id":"para_336"},{"text":"2.      Clients (and their officials, when applicable) may not engage, or attempt to engage, in the following conduct:","paragraph_id":"para_337"},{"text":"…","paragraph_id":"para_338"},{"text":"(e)      Participate, or assist, directly or indirectly, in any circumvention of the service fee cap established by these Regulations.","paragraph_id":"para_339"},{"text":"…’","paragraph_id":"para_340"},{"text":"31       Title V of the FFAR, ‘Disclosure and publication’, comprises only Article 19, which, bearing the same title as Title V, provides:","paragraph_id":"para_341"},{"text":"‘1.      FIFA shall make available:","paragraph_id":"para_342"},{"text":"(a)      the names and details of all Football Agents;","paragraph_id":"para_343"},{"text":"(b)      the Clients that Football Agents represent, the exclusivity or non-exclusivity of their representation and the expiry date of the Representation Agreement;","paragraph_id":"para_344"},{"text":"(c)      the Football Agent Services provided to each Client;","paragraph_id":"para_345"},{"text":"(d)      any sanctions imposed on Football Agents and Clients; and","paragraph_id":"para_346"},{"text":"(e)      details of all Transactions involving Football Agents, including the service fee amounts paid to Football Agents.’","paragraph_id":"para_347"},{"text":"32       Title VI of the FFAR, ‘Disputes’, comprises only Article 20. That article, entitled ‘Jurisdiction’, is worded as follows:","paragraph_id":"para_348"},{"text":"‘1.      Without prejudice to the right of a Football Agent or a Client to seek redress before an ordinary court of law, the Agents Chamber of the Football Tribunal has jurisdiction to determine disputes:","paragraph_id":"para_349"},{"text":"(a)      arising out of, or in connection with, a Representation Agreement with an international dimension (see art. 2 par. 2 of these Regulations);","paragraph_id":"para_350"},{"text":"(b)      where a claim is lodged in accordance with the Procedural Rules Governing the Football Tribunal; and","paragraph_id":"para_351"},{"text":"(c)      where no more than two years have elapsed from the event giving rise to the dispute; the application of this time limit shall be examined ex officio in each case.","paragraph_id":"para_352"},{"text":"2.      The detailed procedures for the resolution of disputes are set out in the Procedural Rules Governing the Football Tribunal.","paragraph_id":"para_353"},{"text":"3.      Without prejudice to the right of a Football Agent or a Client to seek redress before an ordinary court of law, for disputes arising out of, or in connection with, a Representation Agreement without an international dimension, the decision-making body identified in the national football agent regulations of the relevant member association has jurisdiction to determine such disputes (cf. art. 2 par. 3).’","paragraph_id":"para_354"},{"text":"2.       The RSTP","paragraph_id":"para_355"},{"text":"33       Article 18bis of the RSTP, entitled ‘Third-party influence on clubs’, in the version applicable to the dispute in the main proceedings, provides:","paragraph_id":"para_356"},{"text":"‘1.      No club shall enter into a contract which enables the counter club/counter clubs and vice versa, or any third party to acquire the ability to influence in employment and transfer-related matters its independence, its policies or the performance of its teams.","paragraph_id":"para_357"},{"text":"2.      The FIFA Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this article.’","paragraph_id":"para_358"},{"text":"34       Article 18ter of the RSTP, entitled ‘Third-party ownership of players’ economic rights’, provides, in paragraph 1:","paragraph_id":"para_359"},{"text":"‘No club or player shall enter into an agreement with a third party whereby a third party is being entitled to participate, either in full or in part, in compensation payable in relation to the future transfer of a player from one club to another, or is being assigned any rights in relation to a future transfer or transfer compensation.’","paragraph_id":"para_360"},{"text":"3.       The FIFA Statutes","paragraph_id":"para_361"},{"text":"35       Article 8(3) of the FIFA Statutes, entitled ‘Conduct of bodies, officials and others’, in the version applicable to the dispute in the main proceedings, states:","paragraph_id":"para_362"},{"text":"‘Every person and organisation involved in the game of football is obliged to observe the Statutes and regulations of FIFA as well as the principles of fair play.’","paragraph_id":"para_363"},{"text":"36       Article 14 of the FIFA Statutes, entitled ‘Member associations’ obligations’, provides:","paragraph_id":"para_364"},{"text":"‘1.      Member associations have the following obligations:","paragraph_id":"para_365"},{"text":"(a)      to comply fully with the Statutes, regulations, directives and decisions of FIFA bodies at any time as well as the decisions of the Court of Arbitration for Sport (CAS) passed on appeal on the basis of art. 56 par. 1 of the FIFA Statutes;","paragraph_id":"para_366"},{"text":"(b)      to take part in competitions organised by FIFA;","paragraph_id":"para_367"},{"text":"(c)      to pay their membership subscriptions;","paragraph_id":"para_368"},{"text":"(d)      to cause their own members to comply with the Statutes, regulations, directives and decisions of FIFA bodies;","paragraph_id":"para_369"},{"text":"(e)      to convene its supreme and legislative body at regular intervals, at least every two years;","paragraph_id":"para_370"},{"text":"(f)      to ratify statutes that are in accordance with the requirements of the FIFA Standard Statutes;","paragraph_id":"para_371"},{"text":"(g)      to create a referees’ committee that is directly subordinate to the member association;","paragraph_id":"para_372"},{"text":"(h)      to respect the Laws of the Game;","paragraph_id":"para_373"},{"text":"(i)      to manage their affairs independently and ensure that their own affairs are not influenced by any third parties in accordance with art. 19 of these Statutes;","paragraph_id":"para_374"},{"text":"(j)      to comply fully with all other duties arising from these Statutes and other regulations.","paragraph_id":"para_375"},{"text":"2.      Violation of the abovementioned obligations by any member association may lead to sanctions provided for in these Statutes.","paragraph_id":"para_376"},{"text":"3.      Violations of par. 1 i) may also lead to sanctions, even if the third-party influence was not the fault of the member association concerned. Each member association is responsible towards FIFA for any and all acts of the members of their bodies caused by the gross negligence or wilful misconduct of such members.’","paragraph_id":"para_377"},{"text":"37       Article 57(1) of the FIFA Statutes, entitled ‘Jurisdiction of CAS’, states:","paragraph_id":"para_378"},{"text":"‘Appeals against final decisions passed by FIFA’s legal bodies and against decisions passed by confederations, member associations or leagues shall be lodged with CAS within 21 days of receipt of the decision in question.’","paragraph_id":"para_379"},{"text":"38       In accordance with Article 58(1) and (2) of the FIFA Statutes, entitled ‘Obligations relating to dispute resolution’:","paragraph_id":"para_380"},{"text":"‘1.      The confederations, member associations and leagues shall agree to recognise CAS as an independent judicial authority and to ensure that their members, affiliated players and officials comply with the decisions passed by CAS. The same obligation shall apply to football agents and match agents that are licensed by FIFA.","paragraph_id":"para_381"},{"text":"2.      Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. Recourse to ordinary courts of law for all types of provisional measures is also prohibited.’","paragraph_id":"para_382"},{"text":"4.       The FIFA Disciplinary Code","paragraph_id":"para_383"},{"text":"39       The 2019 version of the FIFA Disciplinary Code was adopted by FIFA’s Council at its meeting on 3 June 2019 in Paris and entered into force on 15 July 2019 (‘the FIFA Disciplinary Code’). It was replaced by the 2023 version of that code on 1 February 2023.","paragraph_id":"para_384"},{"text":"40       Article 53(1) of the FIFA Disciplinary Code, entitled ‘Jurisdiction’, states:","paragraph_id":"para_385"},{"text":"‘1.      The Disciplinary Committee is competent to sanction any breach of FIFA regulations which does not come under the jurisdiction of another body.","paragraph_id":"para_386"},{"text":"2.      The Disciplinary Committee is, in particular, responsible for:","paragraph_id":"para_387"},{"text":"(a)      sanctioning serious infringements which have escaped the match officials’ attention;","paragraph_id":"para_388"},{"text":"(b)      rectifying obvious errors in the referee’s disciplinary decisions;","paragraph_id":"para_389"},{"text":"(c)      extending the duration of a match suspension incurred automatically by a sending-off;","paragraph_id":"para_390"},{"text":"(d)      pronouncing additional sanctions.’","paragraph_id":"para_391"},{"text":"5.       The FIFA Code of Ethics","paragraph_id":"para_392"},{"text":"41       Article 4 of the FIFA Code of Ethics, entitled ‘Scope of the Code, omissions, custom, doctrine and jurisprudence’, in the version applicable to the dispute in the main proceedings, provides:","paragraph_id":"para_393"},{"text":"‘1.      This Code governs every subject to which the text or the meaning of its provisions refers.","paragraph_id":"para_394"},{"text":"2.      If there are any omissions in this Code with respect to procedural rules, and in case of doubts regarding the interpretation of the Code, the Ethics Committee shall decide in accordance with FIFA custom.","paragraph_id":"para_395"},{"text":"3.      During all its operations, the Ethics Committee may draw on precedents and principles already established by sports doctrine and jurisprudence.’","paragraph_id":"para_396"},{"text":"42       Article 84 of the FIFA Code of Ethics, entitled ‘Court of Arbitration for Sport’, provides:","paragraph_id":"para_397"},{"text":"‘1.      Decisions taken by the adjudicatory chamber are final, subject to appeals lodged with the [CAS] in accordance with the relevant provisions of the FIFA Statutes.","paragraph_id":"para_398"},{"text":"2.      The aforementioned decisions may also be appealed at CAS by the chief of the investigation.’","paragraph_id":"para_399"},{"text":"II.     The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_400"},{"text":"43       The applicants in the main proceedings are FT, a football players’ agent and the Vice-President of the players’ agents’ association ‘The Football Forum’, and RRC Sports, a company established in Germany, which also acts as a players’ agent and of which FT is the managing director.","paragraph_id":"para_401"},{"text":"44       FIFA, the defendant in the main proceedings, is an umbrella organisation which brings together many international and national federations and associations. It has 211 national associations among its members, including the Deutscher Fußball-Bund (German Football Association; ‘the DFB’). In …","paragraph_id":"para_402"},{"text":"45       FIFA has several bodies and committees. Among them, the Council is the body responsible for strategy and supervision and is competent to adopt general regulations.","paragraph_id":"para_403"},{"text":"46       Thus, the FIFA Council adopted the FFAR on 16 December 2022, which were published on 6 January 2023 and which lay down the framework conditions applicable to persons providing agent services under the international transfer system for players and coaches established by that federation. In p …","paragraph_id":"para_404"},{"text":"47       The applicants in the main proceedings brought before the Landgericht Mainz (Regional Court, Mainz, Germany), which is the referring court, an action for an injunction seeking an order prohibiting FIFA from implementing several provisions of inter alia the RSTP and the FFAR on the ground that they infringed Articles 56, 101 and 102 TFEU and the GDPR.","paragraph_id":"para_405"},{"text":"48       In that regard, the referring court has doubts as to, in particular, whether the exception identified, in the context of Article 101 TFEU, 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 …","paragraph_id":"para_406"},{"text":"49       In particular, it notes that it is not clear, first, whether the objectives put forward by FIFA to justify the rules at issue may be regarded as being legitimate, since they do not directly concern the functioning of sporting competitions as such and, second, whether those rules are necessary to achieve such objectives.","paragraph_id":"para_407"},{"text":"50       More generally, the referring court questions the compatibility with Articles 56, 101 and 102 TFEU of 13 of the rules contained in the FFAR.","paragraph_id":"para_408"},{"text":"51       Lastly, the referring court asks whether, among those rules, those which provide for the processing of personal data may pursue legitimate interests within the meaning of Article 6(1) of the GDPR and whether they meet the requirements deriving from the principle of proportionality, a necessary condition for such processing to be lawful.","paragraph_id":"para_409"},{"text":"52       In those circumstances, the Landgericht Mainz (Regional Court, Mainz) decided to stay the proceedings and to refer the following question to the Court for a preliminary ruling:","paragraph_id":"para_410"},{"text":"‘Must Article 101 TFEU (prohibition on cartels), Article 102 TFEU (prohibition on abuse of a dominant position) and Article 56 TFEU (freedom to provide services) and also Article 6 of the [GDPR] be interpreted as precluding [certain provisions of a set of] rules adopted by [an international sports f …","paragraph_id":"para_411"},{"text":"III.  The admissibility of the question referred for a preliminary ruling","paragraph_id":"para_412"},{"text":"53       As a preliminary point, it is important to bear in mind that the Court itself must examine the circumstances in which cases are referred to it by the national court in order to assess whether it has jurisdiction or whether the request submitted to it is admissible (judgment of 4 September 2025, AW ‘T’ , C‑225/22, EU:C:2025:649, paragraph 29 and the case-law cited).","paragraph_id":"para_413"},{"text":"54       According to settled case-law, which is now reflected in Article 94(a) and (b) of the Rules of Procedure of the Court, the need to provide an interpretation of EU law which will be of use to the national court makes it necessary for the national court to define the factual and regulatory co …","paragraph_id":"para_414"},{"text":"55       In the present case, the request for a preliminary ruling satisfies all those requirements since it is apparent from the information in the documents before the Court that the interpretation sought relates to the actual facts of the main action or its purpose, that the problem raised is not hypothetical and that the case file contains the factual and legal material necessary to enable the Court to give a useful answer to the question referred.","paragraph_id":"para_415"},{"text":"56       Admittedly, as the Greek Government observes, that material does not contain a precise definition of the relevant market or, a fortiori, an analysis of its functioning.","paragraph_id":"para_416"},{"text":"57       However, the fact that the Court does not have an exhaustive account of the economic and legal context of the dispute in the main proceedings does not preclude it, nevertheless, on the basis of the information sent to it by the referring court, from being able to provide an interpretation of EU law which will be of use to that court.","paragraph_id":"para_417"},{"text":"58       It is apparent from the documents before the Court that the FFAR are capable of influencing the functioning of the market for agents’ services with a view to the international transfer of professional players or coaches and the employment market for players or coaches, the latter being char …","paragraph_id":"para_418"},{"text":"59       In those circumstances, the Court considers that it is not necessary, for the purposes of answering the question referred by the national court, to further define the material or geographical boundaries of the markets likely to be affected by the FFAR.","paragraph_id":"para_419"},{"text":"60       As regards the fact, mentioned by the Greek Government, that the information contained in the order for reference does not, in the absence of a detailed analysis, make it possible to establish the existence of an infringement of EU competition law, it should be noted that it is exclusively for the referring court to rule on the merits of the pleas raised by one of the parties to the main proceedings.","paragraph_id":"para_420"},{"text":"61       However, it should be noted that the referring court refers, in its question, to Article 53(3) of the FIFA Disciplinary Code. Where it reproduces that provision in its request for a preliminary ruling, the referring court refers to the 2019 version of that code, in which that provision contains only two paragraphs. Moreover, where it reproduces that same provision in its request for a preliminary ruling, the referring court itself refers only to those two paragraphs.","paragraph_id":"para_421"},{"text":"62       Consequently, the question referred by that court must be regarded as admissible, except in so far as it concerns the interpretation of Articles 56, 101 and 102 TFEU and of Article 6 of the GDPR in the light of a rule such as that set out in Article 53(3) of the FIFA Disciplinary Code.","paragraph_id":"para_422"},{"text":"IV.     Substance","paragraph_id":"para_423"},{"text":"63       By its question, the referring court asks the Court to interpret Articles 56, 101 and 102 TFEU and Article 6 of the GDPR in order to rule on the compatibility with those four articles of a set of rules adopted by FIFA governing the pursuit of the activities of football players’ and coaches’ agents.","paragraph_id":"para_424"},{"text":"64       In particular, the referring court asks, in essence, whether Articles 56, 101 and 102 TFEU and Article 6 of the GDPR preclude rules adopted by an international sports federation, such as those set out in the FFAR, which may be grouped, on the basis of their subject matter and objective, into five categories, namely:","paragraph_id":"para_425"},{"text":"–        those aimed at restricting multiple representation, that is to say representation, by the same agent, of both the player or coach and the engaging and releasing clubs or single-entity leagues;","paragraph_id":"para_426"},{"text":"–        those aimed at regulating the remuneration of agents;","paragraph_id":"para_427"},{"text":"–        those relating to the conditions for obtaining or the withdrawal of a FIFA licence;","paragraph_id":"para_428"},{"text":"–        those aimed at regulating the opportunities for agents to approach new players or coaches to represent, and","paragraph_id":"para_429"},{"text":"–        those organising the communication of certain information to FIFA, other agents, clubs, single-entity leagues, players and coaches.","paragraph_id":"para_430"},{"text":"65       In those circumstances, the Court considers that it is necessary, for each of those categories of rules, to interpret, in the first place, the provisions of the FEU Treaty on competition law and the freedom to provide services and, in the second place, Article 6 of the GDPR.","paragraph_id":"para_431"},{"text":"A.       The application of the provisions of the FEU Treaty on competition law and the freedom to provide services","paragraph_id":"para_432"},{"text":"1.       Preliminary observations","paragraph_id":"para_433"},{"text":"66       The second subparagraph of Article 165(1) TFEU states that the European Union is to contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function. Moreover, th …","paragraph_id":"para_434"},{"text":"67       By contrast, Article 165 TFEU cannot be regarded as being a special rule exempting sport from all or some of the other provisions of primary EU law liable to be applied to it or requiring special treatment for sport in the context of that application (judgments of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 101, and of 30 April 2026, CD Tondela and Others , C‑133/24, EU:C:2026:361, paragraph 75).","paragraph_id":"para_435"},{"text":"68       Consequently, when applying the provisions of the FEU Treaty on competition law or the freedom to provide services, the specific characteristics of sport must be taken into account, but only and in so far as such specific characteristics are relevant, in the context of and in compliance wit …","paragraph_id":"para_436"},{"text":"69       Thus, where conduct or rules pursue economic aims or concern the economic dimension of a sport, they may fall within the scope of the provisions of EU law applicable to an economic activity, including Articles 56, 101 and 102 TFEU, even if that conduct or those rules have been adopted by a sports federation (judgment of 4 October 2024, FIFA , C‑650/22, EU:C:2024:824, paragraph 75 and the case-law cited).","paragraph_id":"para_437"},{"text":"70       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 on the exclusion of foreign players from th …","paragraph_id":"para_438"},{"text":"71       With the exception of those very specific situations, the rules adopted by sports associations in order to govern the services provided by operators engaged in an economic activity linked to the professional or semi-professional practice of a sport or which have a direct impact on such prov …","paragraph_id":"para_439"},{"text":"72       In the present case, the purpose of the FFAR is to regulate certain activities of agents, consisting, in essence, of connecting, in return for remuneration, a player or coach and an entity established in another State with a view to the permanent or temporary move of that player or coach fr …","paragraph_id":"para_440"},{"text":"73       Moreover, the referring court observes that the activity of agents is capable of having a decisive impact on the composition of teams, their continuity and their sporting strength. Since the composition of the teams constitutes one of the essential parameters of the competitions in which pr …","paragraph_id":"para_441"},{"text":"74       Therefore, the rules laid down by the FFAR do not fall under the rules to which the exception referred to in paragraph 68 of the present judgment might be applied, which exception the Court has stated repeatedly must be limited to its proper objective and may not be relied upon to exclude t …","paragraph_id":"para_442"},{"text":"75       Accordingly, those rules may fall within the scope of Articles 56, 101 and 102 TFEU.","paragraph_id":"para_443"},{"text":"76       First, as regards Articles 101 and 102 TFEU, even though they each pursue different objectives and have a specific scope, those articles may apply simultaneously where their respective conditions of application are met (see, to that effect, judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 119).","paragraph_id":"para_444"},{"text":"77       Second, in so far as the rules in the FFAR to which the referring court refers in its question are, as regards their application, independent of each other, the potential incompatibility of one of them with EU law, as determined, if applicable, by that court, cannot, in itself, necessarily result in others being incompatible.","paragraph_id":"para_445"},{"text":"78       It is therefore appropriate to examine the question referred for a preliminary ruling in the light of, first, Article 101 TFEU, second, Article 102 TFEU and, third, Article 56 TFEU.","paragraph_id":"para_446"},{"text":"2.       The application of the FEU Treaty provisions on competition law","paragraph_id":"para_447"},{"text":"79       At the outset, it should be noted that football’s specific characteristics include the fact that it gives rise to the organisation of numerous competitions at both European and national levels, which involve the participation of very many clubs and also that of large numbers of players. In …","paragraph_id":"para_448"},{"text":"80       Those various specific characteristics support a finding that it is legitimate to subject the organisation and conduct of such competitions, at international, European and national levels, to common rules intended to guarantee their homogeneity and coordination within an overall match calen …","paragraph_id":"para_449"},{"text":"81       Since the organisation and conduct of such competitions may give rise to the pursuit of ancillary economic activities, which may themselves influence those competitions, it cannot be regarded as necessarily unlawful for an association such as FIFA to adopt rules intended to regulate relations between, on the one hand, its members and their affiliates and, on the other, undertakings liable to have an economic interest in the organisation of those competitions.","paragraph_id":"para_450"},{"text":"82       That said, the fact that it may be legitimate for a sports confederation or federation to adopt such rules does not mean that each of the rules thus adopted may be considered to be compatible with EU competition law. The choices made when adopting each of those rules must also comply with the requirements arising from that law.","paragraph_id":"para_451"},{"text":"(a)     The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 101 TFEU","paragraph_id":"para_452"},{"text":"83       As a preliminary point, it should be borne in mind that the application of Article 101(1) TFEU presupposes the existence of conduct by several ‘undertakings’ or, failing that, an ‘association of undertakings’.","paragraph_id":"para_453"},{"text":"84       According to settled case-law, any entity engaged in an economic activity consisting in the offering of products or services on a given market, irrespective of its legal form and the way in which it is financed, must be regarded as an ‘undertaking’ within the meaning of Article 101(1) TFEU …","paragraph_id":"para_454"},{"text":"85       In the present case, although the FFAR were adopted only by FIFA, it should be noted that FIFA has national football associations among its members, which themselves are formed of clubs or single-entity leagues engaged in economic activities, consisting of offering products or services on various markets, such as sports ticketing, sponsorship or merchandising markets.","paragraph_id":"para_455"},{"text":"86       Therefore, FIFA may be regarded as having the status of an association of undertakings on those markets and on the markets upstream of them, such as the markets for the recruitment of players or coaches, or the market for agents’ services with a view to the international transfer of professional players or coaches from one entity to another.","paragraph_id":"para_456"},{"text":"87       Consequently, in a situation such as that referred to by the national court in its question, Article 101(1) TFEU must be regarded as applicable to FIFA since FIFA may be classified as an ‘association of undertakings’ within the meaning of that provision.","paragraph_id":"para_457"},{"text":"88       That said, it should be borne in mind that, 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 to be prohibited as incompatible with the internal market.","paragraph_id":"para_458"},{"text":"89       As is apparent from the wording of that provision, its application in a given case is subject to the fulfilment of a number of cumulative conditions: first, there must be an agreement between undertakings, a decision by an association of undertakings or a concerted practice; second, that ag …","paragraph_id":"para_459"},{"text":"(1)     The existence of an agreement, decision or concerted practice","paragraph_id":"para_460"},{"text":"90       In accordance with Article 101(1) TFEU, the conduct in question must consist of an ‘agreement’, a ‘concerted practice’ or a ‘decision by an association of undertakings’, concepts which cover conduct that may be of various kinds and take different forms.","paragraph_id":"para_461"},{"text":"91       In particular, the Court has already had occasion to hold that a decision by an association of undertakings consisting in adopting or implementing rules having a direct impact on the conditions in which the economic activity is exercised by undertakings which are directly or indirectly memb …","paragraph_id":"para_462"},{"text":"92       As is apparent from the very wording of the question referred by the national court, it is precisely in the light of such a decision that that court is asking the Court of Justice for an interpretation of Article 101(1) TFEU in a situation where an international sports confederation or fede …","paragraph_id":"para_463"},{"text":"93       It follows that, in such a situation, the FFAR, and, consequently, each of the rules contained therein, may be regarded as constituting a ‘decision by an association of undertakings’, within the meaning of Article 101(1) TFEU.","paragraph_id":"para_464"},{"text":"(2)     The effect on trade between Member States","paragraph_id":"para_465"},{"text":"94       The application of Article 101(1) TFEU requires, among other conditions, that it be established, with a sufficient degree of probability, that an agreement between undertakings, a decision by an association of undertakings or a concerted practice is capable of having an appreciable effect o …","paragraph_id":"para_466"},{"text":"95       In the case at issue in the main proceedings, that condition must be regarded as being fulfilled, since the rules referred to in the question referred for a preliminary ruling are binding, at least for the most part, on clubs, single-entity leagues, players, coaches and players’ agents oper …","paragraph_id":"para_467"},{"text":"(3)     The fact that the conduct at issue must have as its ‘object’ or ‘effect’ the restriction of competition","paragraph_id":"para_468"},{"text":"96       In order to find, in a given case, that an agreement, decision by an association of undertakings or a concerted practice is caught by the prohibition laid down in Article 101(1) TFEU, it is necessary to demonstrate, in accordance with the very wording of that provision, either that that con …","paragraph_id":"para_469"},{"text":"97       To that end, it is appropriate to begin by examining the object of the conduct in question. If, at the end of that examination, that conduct proves to have an anticompetitive object, it is not necessary to examine its effect on competition. Thus, it is only if that conduct is found not to h …","paragraph_id":"para_470"},{"text":"98       In that regard, the analysis to be made differs depending on whether those rules have as their ‘object’ or ‘effect’ the prevention, restriction or distortion of competition, with each of those concepts being subject to different legal and evidentiary rules (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 160).","paragraph_id":"para_471"},{"text":"99       In so far as conduct may have as its object or effect only in part the prevention, restriction or distortion of competition, that analysis does not necessarily have to be carried out in the light of the agreement, decision by an association of undertakings or concerted practice in its entir …","paragraph_id":"para_472"},{"text":"(i)     The concept of ‘restriction of competition by object’","paragraph_id":"para_473"},{"text":"100     The concept of anticompetitive ‘object’, whilst not an exception in relation to the concept of anticompetitive ‘effect’, must nevertheless be interpreted strictly (judgments of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 161 and the case-law cited, and of 30 April 2026, CD Tondela and Others , C‑133/24, EU:C:2026:361, paragraph 38).","paragraph_id":"para_474"},{"text":"101     Thus, that concept must be interpreted as referring solely to certain types of coordination between undertakings which reveal a sufficient degree of harm to competition for the view to be taken that it is not necessary to assess their effects. Indeed, certain types of coordination between un …","paragraph_id":"para_475"},{"text":"102     In order to determine, in a given case, whether certain rules established by an agreement between undertakings, a decision by an association of undertakings or a concerted practice fall within a form of coordination which, by their very nature, must be regarded as harmful to the proper funct …","paragraph_id":"para_476"},{"text":"103     In that regard, first of all, in order to examine the content of the rules established by the agreement, decision or practice at issue, it is necessary to examine their various aspects in order to identify the type of coordination which those rules establish and, accordingly, to determine wh …","paragraph_id":"para_477"},{"text":"104     As regards, next, the economic and legal context of which the rules in question form part, given that the concept of restriction of competition by ‘object’ refers solely to agreements, decisions by associations of undertakings and concerted practices falling within a form of coordination whi …","paragraph_id":"para_478"},{"text":"105     By contrast, it is necessary to take into consideration the nature of the products or services concerned, as well as the real conditions of the structure and functioning of the sectors or markets in question (see, to that effect, judgments of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 166 and the case-law cited, and of 4 October 2024, FIFA , C‑650/22, EU:C:2024:824, paragraph 131 ) .","paragraph_id":"para_479"},{"text":"106     It may be that it is only where certain specific conditions are satisfied that it may be held that certain forms of coordination and, therefore, the agreements, decisions of associations and concerted practices forming part of them, are harmful to the proper functioning of normal competition …","paragraph_id":"para_480"},{"text":"107     Lastly, as regards the objectives pursued by the coordination in question, the analysis of which is limited to what is necessary in order to establish the existence of a restriction of competition by ‘object’, it is necessary, in accordance with settled case-law, to determine the ‘objective’ …","paragraph_id":"para_481"},{"text":"108     Such ‘objective’ aims correspond, from a competitive point of view, to the intrinsic purpose of the practice in question.","paragraph_id":"para_482"},{"text":"109     Nevertheless, the fact that the undertakings involved acted without having a subjective intention to prevent, restrict or distort competition and the fact that they pursued certain legitimate objectives are not decisive for the purposes of the application of Article 101(1) TFEU (see judgment …","paragraph_id":"para_483"},{"text":"110     In any event, the assessment carried out to that effect must show the precise reasons such as to justify a finding that all or part of the agreement between undertakings, decision by an association of undertakings or concerted practice has as its object the prevention, restriction or distort …","paragraph_id":"para_484"},{"text":"111     As regards the dispute in the main proceedings, it should be borne in mind that, in the framework of the preliminary ruling procedure provided for in Article 267 TFEU, the Court is empowered not to apply the rules of EU law to a particular case, of which, moreover, it has only knowledge limi …","paragraph_id":"para_485"},{"text":"112     Therefore, it is exclusively for the referring court to assess, in the light of all the elements of fact and of law available to it, whether certain provisions of the FFAR may result, on the relevant market, in a restriction of competition by ‘object’.","paragraph_id":"para_486"},{"text":"113     However, in order to provide an answer of use to that court, the Court of Justice may take into consideration certain information from the file in the main proceedings submitted to it and the written observations submitted to it, in order to provide clarification as to the interpretation to …","paragraph_id":"para_487"},{"text":"(ii)  The possibility of categorising rules such as those mentioned by the referring court in its question as a restriction of competition by ‘object’","paragraph_id":"para_488"},{"text":"–        The rules restricting multiple representation","paragraph_id":"para_489"},{"text":"114     In its question, the referring court refers to rules such as those set out in Article 12(8) to (10) of the FFAR, which provide that the same agent or several ‘connected’ agents, namely directors, co-owners, shareholders or employees of the same agency, or persons with a family relationship o …","paragraph_id":"para_490"},{"text":"115     In that regard, first, it should be noted that rules such as those set out in Article 12(8) to (10) of the FFAR are certainly capable of reducing the intensity of competition in the various sectors of the market for the services of agents involved in the international transfers of profession …","paragraph_id":"para_491"},{"text":"116     Second, although rules such as those laid down in Article 12(8) to (10) of the FFAR, by stipulating that agents represent only one of the parties concerned and, in exceptional cases, players or coaches and the engaging entity, are capable of restricting agents’ freedom of economic action, th …","paragraph_id":"para_492"},{"text":"117     It must be borne in mind that the EU antitrust rules are not directly intended to ensure that economic operators are free to pursue their commercial activities. By contrast, they are intended to ensure, above all, that, on a given market, undertakings do not distort competition to the detrim …","paragraph_id":"para_493"},{"text":"118     In so far as, consequently, it does not appear – although it is for the referring court to verify this – that the rules adopted by an association of undertakings, such as those set out in Article 12(8) to (10) of the FFAR, reveal in themselves a sufficient degree of harm to competition, it must be held that those rules do not appear to constitute a restriction of competition by ‘object’.","paragraph_id":"para_494"},{"text":"–        The rules on the remuneration which an agent may claim in respect of the recruitment of a player or a coach","paragraph_id":"para_495"},{"text":"119     In its question, the national court refers to seven separate rules laid down by the FFAR relating to the remuneration of agents which must, therefore, be examined in turn.","paragraph_id":"para_496"},{"text":"120     As regards, first, a rule such as that laid down in Article 15(2) of the FFAR, which sets a remuneration cap for agents calculated as a percentage of the transfer fee or the annual remuneration of the player or coach, it follows, admittedly, from the Court’s case-law that certain collusive c …","paragraph_id":"para_497"},{"text":"121     That said, as the Advocate General essentially pointed out in points 56 and 57 of his Opinion, it does not follow from the Court’s case-law that the fixing of a maximum price such as that at issue in the main proceedings must, by its very nature, be regarded as necessarily capable of distorting competition.","paragraph_id":"para_498"},{"text":"122     Moreover, in the light of the documents before the Court and without prejudice to the in-depth examination which it is for the referring court to carry out, a rule, such as that laid down in Article 15(2) of the FFAR, which establishes a remuneration cap, does not appear, in view of its impa …","paragraph_id":"para_499"},{"text":"123     Furthermore, it should be noted that a rule, such as that set out in Article 15(2) of the FFAR, cannot be categorised as a restriction on competition by ‘object’ within the meaning of Article 101 TFEU, in relation to agents representing engaging or releasing entities, solely because the remuneration cap provided for in Article 15(2) of the FFAR is calculated, for those agents, as a percentage of the ‘transfer’ compensation.","paragraph_id":"para_500"},{"text":"124     In so far as concerns, second, a rule prohibiting third parties from paying remuneration due under the representation agreement on behalf of the contractual partners of the players’ and coaches’ agent which does not apply to agents representing an individual whose negotiated annual remunerat …","paragraph_id":"para_501"},{"text":"125     The same applies as regards, third, a rule, such as that set out in Article 15(3) and (4) of the FFAR, which establishes a presumption that other services which an agent, or another agent who is connected to the former, performs in the 24 months prior to or following the provision of his or …","paragraph_id":"para_502"},{"text":"126     As regards, fourth, a rule, such as that laid down in Article 15(1) of the FFAR, which prohibits agents from agreeing on their remuneration otherwise than on the exclusive basis of the remuneration of the transferred individual or the amount of the transfer, and, fifth, a rule, such as that …","paragraph_id":"para_503"},{"text":"127     Whilst such rules may limit the ability, for the agents concerned, to compete by offering their clients alternative methods of calculating or paying their remuneration, those rules do not appear to prevent price competition. Moreover, since they are a priori applicable without distinction, those rules also do not appear, prima facie, to be liable to favour certain agents or their clients.","paragraph_id":"para_504"},{"text":"128     Consequently, it cannot be regarded as justified to classify rules exhibiting such characteristics as forms of coordination between undertakings which must be regarded, by their very nature, as revealing a sufficient degree of harm to competition, which it is, however, for the referring court to ascertain.","paragraph_id":"para_505"},{"text":"129     As regards, sixth, a rule, such as that laid down in Article 14(10) of the FFAR, which prohibits clubs or single-entity leagues, where a players’ and coaches’ agent acts both on behalf of the engaging entity and an individual, from paying more than 50% of the total remuneration payable by th …","paragraph_id":"para_506"},{"text":"130     Moreover, such a rule may prevent the occurrence of collusive conduct liable to distort supply and demand and, on that basis, produce pro-competitive effects, with the result that it cannot be regarded as revealing, in itself, a sufficient degree of harm to competition for it to be considered that an examination of its effects is not required.","paragraph_id":"para_507"},{"text":"131     Similarly, as regards, seventh, a rule, such as that laid down in Article 14(7) of the FFAR, which provides that the amount of the service fee, calculated as a percentage, must be determined on the basis of the salary actually paid to the individual, calculated on a pro-rata basis, it should …","paragraph_id":"para_508"},{"text":"132     That said, it should be noted that, with regard to the latter rule, the referring court also refers to Article 14(12) of the FFAR, which, in reality, lays down a separate rule, under which a football players’ or coaches’ agent is not entitled to receive a service fee which is not yet ‘due’ d …","paragraph_id":"para_509"},{"text":"133     If the term ‘due’, referred to in Article 14(12) of the FFAR, were to be interpreted, in the light of the context in which it is used, as meaning ‘accrued’ or ‘payable’, which it is for the referring court to determine, it would follow that the expression ‘not yet due’ should be understood a …","paragraph_id":"para_510"},{"text":"134     Such an interpretation of the term ‘due’ would have the consequence that an agent who was involved in a first transfer would lose part of the remuneration due to him or her in respect of that transfer if, in accordance with Article 14(12)(a) of the FFAR, the individual thus transferred was t …","paragraph_id":"para_511"},{"text":"135     It is true that, in so doing, such a rule would be liable to neutralise the incentive that agents who represented an individual in an initial transaction might otherwise have to encourage their clients to terminate their contract as quickly as possible in order to receive a new fee, or even …","paragraph_id":"para_512"},{"text":"136     However, in so far as Article 14(12)(a) of the FFAR provides, in respect of the situation to which it refers, as the sole condition for its application that the individual must have been transferred to another engaging entity before the expiry of the negotiated employment contract, such a ru …","paragraph_id":"para_513"},{"text":"137     Given that such a loss of remuneration would thus be arbitrary, in accordance with the approach adopted by the Court in the judgment of 4 October 2024, FIFA ( C‑650/22, EU:C:2024:824), such a rule must be regarded as constituting a form of coordination which, by its very nature, is injurious to the proper functioning of normal competition.","paragraph_id":"para_514"},{"text":"138     In the light of the foregoing, it must be concluded, with regard to the rules on agents’ remuneration set out in the FFAR, to which the national court refers, that, with the exception of a rule which, such as that which could be inferred from Article 14(12)(a) of those regulations, in the ev …","paragraph_id":"para_515"},{"text":"–        The rules on agent licences","paragraph_id":"para_516"},{"text":"139     As a preliminary point, it should be noted that the referring court’s questions do not concern the requirement, as such, to hold a licence issued by FIFA in order to pursue the activity of agent of players, coaches, clubs or single-entity leagues in connection with the recruitment of players or coaches, but concern certain conditions relating to obtaining and renewing such a licence.","paragraph_id":"para_517"},{"text":"140     In order to determine whether such rules constitute a restriction of competition by ‘object’, it is necessary to examine whether they are capable of being linked to a form of coordination which, by its very nature, reveals a sufficient degree of harm to competition, with the result that it would not be necessary to examine their effects.","paragraph_id":"para_518"},{"text":"141     In the present case, of the various rules laid down by the FFAR or by other FIFA texts governing the conditions for obtaining and renewing a FIFA licence, the national court refers to only two groups of rules.","paragraph_id":"para_519"},{"text":"142     The first group comprises rules such as those set out in Article 4(2) to Article 16(2)(b) and Article 20 of the FFAR, read in conjunction with Article 8(3), Article 57(1) and Article 58(1) and (2) of the FIFA Statutes, as well as Article 4(2) and Article 84 of the FIFA Code of Ethics, which …","paragraph_id":"para_520"},{"text":"143     In that regard, it is sufficient to note that the mere fact of requiring any economic operator wishing to be involved in transfers falling within FIFA’s ecosystem to comply with the rules of that international sports federation and, in the alternative, the law of the third country in which t …","paragraph_id":"para_521"},{"text":"144     It is only if it were established that FIFA’s substantive rules or those laid down by Swiss law thus rendered applicable are, by their very nature, harmful to the proper functioning of normal competition that rules, such as those set out in Article 4(2) to Article 16(2)(b) and Article 20 of …","paragraph_id":"para_522"},{"text":"145     In the case at issue in the main proceedings, it is for the referring court to ascertain whether that is the case, in so far as the applicants in the main proceedings have raised such a complaint.","paragraph_id":"para_523"},{"text":"146     The second group of rules mentioned by the referring court in its question includes those laid down in Article 5(1)(a)(ii) and (iii) of the FFAR, which require that, in order to obtain a FIFA licence, applicants must never have been convicted, following criminal proceedings, of any of the of …","paragraph_id":"para_524"},{"text":"147     In that regard, it is true that such a group of rules makes access to the activity concerned dependent on considerations unrelated to any effort that might be made or any resources that might be committed by the applicant concerned.","paragraph_id":"para_525"},{"text":"148     However, it cannot be held that the rules laid down in Article 5(1)(a)(ii) and (iii) of the FFAR establish a restriction of competition by ‘object’. As observed in paragraph 101 of the present judgment, only agreements between undertakings, decisions by associations of undertakings or concer …","paragraph_id":"para_526"},{"text":"149     The requirement that all applicants must never have been convicted following criminal proceedings, nor, in essence, been the subject of a professional or sporting sanction does not appear to be such as to prevent a significant number of persons from accessing the market for agents’ services with a view to the international transfer of professional players or coaches from one entity to another.","paragraph_id":"para_527"},{"text":"150     That is all the more so given that, subject to the verifications to be carried out by the referring court, the requirements set out in Article 5(1)(a)(ii) and (iii) of the FFAR are capable of being applied in a transparent, objective and non-discriminatory manner (see, by analogy, judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 177).","paragraph_id":"para_528"},{"text":"151     Consequently, a rule, such as that laid down in Article 5(1)(a)(ii) and (iii) of the FFAR, which makes the grant of a FIFA licence subject to the condition that the applicant has not been the subject of certain criminal convictions or certain sporting sanctions cannot be regarded as establishing a restriction of competition by ‘object’.","paragraph_id":"para_529"},{"text":"–        The rules on making an approach","paragraph_id":"para_530"},{"text":"152     It should be noted at the outset that, whilst the referring court refers to rules such as those set out in Article 16(1)(b) and (c) of the FFAR, inasmuch as they prohibit players’ agents from approaching or entering into a representation agreement with a client who is already bound by an exc …","paragraph_id":"para_531"},{"text":"153     In that regard, it cannot be ruled out that the obligation imposed on all agents wishing to enter into an exclusive representation agreement with a club, single-entity league or a player to negotiate the conclusion of such an agreement during the same period may promote greater comparability …","paragraph_id":"para_532"},{"text":"154     Admittedly, at the same time, rules, such as those referred to in Article 16(1)(b) and (c) of the FFAR, are likely to enhance contractual stability, that is to say the effectiveness of the duration of exclusive representation agreements which have already been concluded. However, provided th …","paragraph_id":"para_533"},{"text":"155     Whilst any agreement of a certain duration is liable to prevent an optimal adjustment of supply and demand, that factor must be balanced with the need for every economic operator to have predictability so that it can organise its activity.","paragraph_id":"para_534"},{"text":"156     In the present case, it is clear from the wording of Article 12(3) of the FFAR that a representation agreement concluded between an individual and an agent may not exceed two years, whereas, in respect of a representation agreement concluded between an engaging entity or a releasing agency and an agent, Article 12(5) of those regulations does not provide for any maximum period of validity.","paragraph_id":"para_535"},{"text":"157     That said, in so far as those provisions do not, conversely, require such agreements to have a minimum duration, it must be noted that the impact on competition of rules which, such as those mentioned by the referring court in its question, limit the period during which agents may approach a …","paragraph_id":"para_536"},{"text":"158     However, it should be noted that the rules set out in Article 16(1)(b) and (c) of the FFAR apply only to agents with whom the player, coach, single-entity league or club concerned is not already bound by a representation agreement. Agents who are already bound by an exclusive representation …","paragraph_id":"para_537"},{"text":"–        The rules organising the collection of certain information on a digital platform operated by FIFA and the communication of part of that information","paragraph_id":"para_538"},{"text":"159     In its question, the referring court mentions, first, the rule laid down in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR, which requires agents to upload certain information to a digital platform operated by FIFA and, second, the rule laid down in Article 19 of the FFAR, under which t …","paragraph_id":"para_539"},{"text":"160     With regard to a rule such as that set out in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR, it should be noted that the mere fact that those provisions organise the collection of information for the benefit of FIFA, in order to enable FIFA to ensure that the substantive provisions set …","paragraph_id":"para_540"},{"text":"161     As regards a rule such as that laid down in Article 19 of the FFAR, it must be noted that that provision organises the disclosure and publication, among the information collected by FIFA, of data relating in particular to the services provided by each agent to each of his or her clients and …","paragraph_id":"para_541"},{"text":"162     Although, in principle, transparency between economic operators is, at least on a non-oligopolistic market, likely to lead to intensification of competition between suppliers, for a market to operate effectively, operators must determine their conduct independently, which presupposes that th …","paragraph_id":"para_542"},{"text":"163     Thus, according to the case-law of the Court, an exchange of information may be regarded as constituting, in itself, a form of coordination between undertakings which, by its very nature, is harmful to the proper functioning of normal competition, either where, in the context of that exchang …","paragraph_id":"para_543"},{"text":"164     ‘Confidential information’ must be understood as information not already known to any economic operator active on the market concerned, while ‘strategic information’ must be understood as information that may reveal, in some circumstances, once combined with other information already known t …","paragraph_id":"para_544"},{"text":"165     In the present case, first, the information the disclosure and publication of which is organised by Article 19 of the FFAR is for the benefit of the various natural and legal persons operating on the markets in question, namely the market for agents’ services with a view to the international …","paragraph_id":"para_545"},{"text":"166     As regards the possibility of considering that, in the context at issue in the main proceedings, the making available of such information is capable of leading all reasonably active and economically rational persons with access to it to adopt the same course of conduct with regard to one of …","paragraph_id":"para_546"},{"text":"167     In particular, while it is true that, on a highly concentrated market, an exchange of information on prices charged may encourage collusive conduct, the fact remains that, on a market characterised by a spread of market participants, the disclosure and publication of such information may, conversely, help to stimulate competition.","paragraph_id":"para_547"},{"text":"168     In the present case, the referring court does not appear to consider that the markets in question are highly concentrated, which is a matter for it to verify.","paragraph_id":"para_548"},{"text":"169     Consequently, even if a rule, such as that laid down in Article 19(e) of the FFAR, provides that FIFA is to make available detailed information concerning all transactions involving football agents, including the service fee amounts paid to agents, the fact remains that, in so far as, first, …","paragraph_id":"para_549"},{"text":"–        Interim conclusion","paragraph_id":"para_550"},{"text":"170     It follows from all the foregoing that, of the various categories of rules identified by the referring court in its question, only two of them are capable of being regarded, in the light of the information available to the Court and subject to verification by the referring court, as constituting restrictions of competition by ‘object’, namely:","paragraph_id":"para_551"},{"text":"–        a rule such as that contained in Article 14(12)(a) of the FFAR, in so far as it must be understood as meaning that a football players’ or coaches’ agent cannot claim the portion of the service fee not yet due which would otherwise have been payable on account of the transfer of an individua …","paragraph_id":"para_552"},{"text":"–        rules, such as those referred to in Article 16(1)(b) and (c) of the FFAR, which, first, limit to a period of two months preceding the end of the exclusive representation agreement the period during which a players’ or coaches’ agent may approach a client who is already bound by such an agre …","paragraph_id":"para_553"},{"text":"(iii)  Categorisation of the existence of conduct having as its effect the prevention, restriction or distortion of competition","paragraph_id":"para_554"},{"text":"171     The concept of conduct having an anticompetitive ‘effect’ comprises any collective conduct which cannot be regarded as having an anticompetitive ‘object’, provided that it is demonstrated that that conduct has as its actual or potential effect the prevention, restriction or distortion of competition, which must be appreciable (judgment of 21 December 2023, Royal Antwerp Football Club , C‑680/21, EU:C:2023:1010, paragraph 99 and the case-law cited).","paragraph_id":"para_555"},{"text":"172     To that end, it is necessary to assess the way the competition would operate within the actual context in which it would take place in the absence of the agreement, decision by an association of undertakings or concerted practice in question, by defining the market(s) in which that conduct i …","paragraph_id":"para_556"},{"text":"173     However, the Court cannot, in the context of the preliminary ruling procedure provided for in Article 267 TFEU, determine whether, in the absence of the rules at issue, competition on the market for agents’ services with a view to the international transfer of professional players or coaches …","paragraph_id":"para_557"},{"text":"174     Consequently, it is for the referring court to determine whether, in the context of the case in the main proceedings, the rules referred to in its question, which it found not to be capable of being classified as restrictions of competition by ‘object’, may nevertheless constitute a restriction of competition by ‘effect’.","paragraph_id":"para_558"},{"text":"(iv)  Whether a possible restriction of competition by ‘object’ or ‘effect’ may be justified","paragraph_id":"para_559"},{"text":"175     Where it is found that a measure contained in an agreement between undertakings, in a decision by an association of undertakings or in a concerted practice has, in whole or in part, either the object or the effect of preventing, restricting or distorting competition, that measure may neverth …","paragraph_id":"para_560"},{"text":"–        Whether particular conduct may be regarded as falling outside the prohibition laid down in Article 101(1) TFEU because it pursues an objective in the public interest","paragraph_id":"para_561"},{"text":"176     According to the case-law of the Court, not every agreement between undertakings, decision of an association of undertakings or concerted practice which restricts the freedom of action of the undertakings party to that agreement or subject to compliance with that decision necessarily falls w …","paragraph_id":"para_562"},{"text":"177     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 that …","paragraph_id":"para_563"},{"text":"178     The degree of harm of that conduct in relation to competition, and therefore the direct or indirect harm to users and to intermediate or end consumers in the various sectors or markets concerned, is too great for it to be regarded as justified and proportionate (judgment of 30 April 2026, CD Tondela and Others , C‑133/24, EU:C:2026:361, paragraph 92).","paragraph_id":"para_564"},{"text":"179     Moreover, in the light of the requirement that that conduct must be necessary and proportionate, it is important to note that, as is apparent from the case-law referred to in paragraph 176 of the present judgment, the examination thereof involves, first of all, a determination of whether the …","paragraph_id":"para_565"},{"text":"180     While it is for the referring court to determine whether the objectives put forward by FIFA to justify the rules at issue are capable of satisfying those conditions, the Court nevertheless considers it necessary, in order to provide that court with a useful answer, to set out the following considerations.","paragraph_id":"para_566"},{"text":"181     In the present case, it is apparent from paragraph 170 of the present judgment that, with the exception of the two rules specifically referred to in that paragraph, the other rules mentioned by the referring court in its question cannot be regarded as constituting a restriction of competition by ‘object’, with the result that the case-law referred to in paragraph 176 above is potentially applicable to them.","paragraph_id":"para_567"},{"text":"182     Moreover, in so far as, in its written pleadings, FIFA relies, principally, on the fact that some of the rules at issue seek to remedy certain market anomalies, relating to, inter alia, an asymmetry of information between players’ agents and their clients, the existence of a negotiating ‘win …","paragraph_id":"para_568"},{"text":"183     In the same way that grounds of a purely economic nature cannot constitute overriding reasons in the public interest justifying a restriction on a freedom of movement guaranteed by the FEU Treaty (see, to that effect, judgment of 21 December 2023, European Superleague Company , C‑333/21, EU: …","paragraph_id":"para_569"},{"text":"184     That said, although an objective of a purely economic nature can neither constitute an overriding reason in the public interest capable of justifying an obstacle to a fundamental freedom guaranteed by the FEU Treaty nor be relied on the basis of the case-law referred to in paragraph 176 of t …","paragraph_id":"para_570"},{"text":"185     Where the existence of such a situation is alleged, it is for the competent national court to verify that, on the economic grounds which dictate it, the legislation at issue actually pursues the legitimate public interest objectives relied on to justify it (see, to that effect, judgments of …","paragraph_id":"para_571"},{"text":"186     It should be borne in mind, moreover, that, in the same way as for all the conditions required in order to benefit from the case-law referred to in paragraph 176 of the present judgment, it is for the party relying on the existence of such legitimate objectives in the public interest to prov …","paragraph_id":"para_572"},{"text":"187     In the present case, FIFA also contends that the FFAR pursue, as is apparent, moreover, from Article 1(2) of those regulations, objectives which are not purely economic, such as, inter alia, setting minimum professional and ethical standards, protecting clients against conduct by agents whic …","paragraph_id":"para_573"},{"text":"188     The first three objectives referred to in the preceding paragraph of the present judgment constitute legitimate objectives in the public interest, within the meaning of the case-law referred to in paragraph 176 of this judgment, which, in the light of what has been stated in paragraph 81 of …","paragraph_id":"para_574"},{"text":"189     It is true, as observed by the referring court, that such objectives are not directly linked to the organisation of sporting competitions. Nonetheless, that fact is not relevant for the purposes of applying the case-law referred to in paragraph 176 of the present judgment, since that case-law is not, after all, specific to sport (see, to that effect and by analogy, judgment of 19 February 2002, Wouters and Others , C‑309/99, EU:C:2002:98, paragraphs 97 to 110).","paragraph_id":"para_575"},{"text":"190     However, it is for the referring court to determine whether the regulations at issue in the main proceedings actually pursue objectives such as those referred to in paragraph 187 of the present judgment and whether those objectives are not diverted from their specific function to serve, in fact, purely economic ends.","paragraph_id":"para_576"},{"text":"191     If that were to be the case, it would be for the referring court to assess, for each of the rules at issue in the main proceedings, whether that rule is appropriate for pursuing one of those objectives and is necessary for that purpose. The Court nevertheless considers it useful to provide that court with some guidance for the purposes of that assessment.","paragraph_id":"para_577"},{"text":"192     In that regard, it should be noted, in the first place, that the rules restricting multiple representation, such as those set out in Article 12(8) to (10) of the FFAR, appear appropriate for attaining the legitimate objective in the public interest relied on by FIFA, relating to the protecti …","paragraph_id":"para_578"},{"text":"193     Next, while, in order to pursue that objective, FIFA could have adopted other measures which are less restrictive of competition, such as imposing obligations of transparency or information on agents or the requirement to obtain the written consent of the parties concerned, it should be note …","paragraph_id":"para_579"},{"text":"194     Lastly, the rules restricting multiple representation mentioned by the referring court in its question do not appear to be such as to give rise to restrictive effects on competition that are disproportionate to the objective pursued, as set out in paragraph 192 of the present judgment. Artic …","paragraph_id":"para_580"},{"text":"195     Consequently, as long as the referring court finds that there were no other means less harmful to competition capable of achieving as effectively the objective of protecting agents’ clients against possible conflicts of interest on the part of the latter, rules, such as those set out in Article 12(8) to (10) of the FFAR, intended to restrict multiple representation, appear capable of falling within the case-law referred to in paragraph 176 of the present judgment.","paragraph_id":"para_581"},{"text":"196     As regards, in the second place, the rules on the remuneration which an agent may claim in respect of the recruitment of a player or coach and, in particular, the rule setting a dynamic remuneration cap laid down in Article 15(2) of the FFAR, FIFA submits, as its principal argument, that the …","paragraph_id":"para_582"},{"text":"197     That said, it is apparent from FIFA’s observations that FIFA also claims that those rules pursue some of the objectives referred to in Article 1(2) of the FFAR, which include, in particular, those relating to the protection of clients against conduct by agents which is contrary to the ethica …","paragraph_id":"para_583"},{"text":"198     Subject to verifications, which it falls to the referring court to carry out, as to whether those rules do in fact ultimately pursue the objectives referred to in the preceding paragraph of the present judgment and whether those objectives are not diverted from their specific function to serve, in fact, purely economic ends, the following observations must be made with regard to the various rules at issue.","paragraph_id":"para_584"},{"text":"199     As regards, first, the rule establishing a dynamic remuneration cap, referred to in Article 15(2) of the FFAR; second, the rule prohibiting agents representing an individual from agreeing on their fee otherwise than on the exclusive basis of the remuneration of the transferred individual and …","paragraph_id":"para_585"},{"text":"200     The same is true of the rule laid down in Article 14(10) of the FFAR prohibiting an engaging entity, where an agent acts both on behalf of that entity and for an individual, from paying more than 50% of the total remuneration due, the rule laid down in Article 14(2) and (3) of those regulati …","paragraph_id":"para_586"},{"text":"201     As regards the rule laid down in Article 15(3) and (4) of the FFAR establishing a presumption that other services which an agent, or another agent who is connected to the former, performs in the 24 months prior to or following the provision of his or her services as an agent must be regarded …","paragraph_id":"para_587"},{"text":"202     As long as the referring court finds that those various rules on the remuneration of agents do, in fact, pursue the objectives referred to in paragraph 197 of the present judgment and that they are not diverted from their specific function to serve, in fact, purely economic ends, it will the …","paragraph_id":"para_588"},{"text":"203     Lastly, it will be for the referring court to determine whether or not such rules are liable to give rise to disproportionate restrictive effects on competition.","paragraph_id":"para_589"},{"text":"204     In particular, as regards the introduction of a dynamic cap, which, among the rules on the remuneration of agents mentioned by the referring court in its question, appears most likely to be harmful to competition, it should be noted that, first, that cap is determined in proportion either to …","paragraph_id":"para_590"},{"text":"205     As regards the rule prohibiting third parties from paying the remuneration due under a contract as an agent for players or coaches provided for in Article 14(2) and (3) of the FFAR, the fact, put forward by the referring court in its request for a preliminary ruling, that that rule deprives …","paragraph_id":"para_591"},{"text":"206     It is nevertheless for the referring court to ascertain whether the rules referred to in paragraphs 204 and 205 of the present judgment, as well as the other rules on the remuneration which an agent may claim, satisfy all the conditions set out in paragraph 176 of the present judgment.","paragraph_id":"para_592"},{"text":"207     In the third place, as regards the rules on agent licences, referred to in Article 5(1)(a)(ii) and (iii) of the FFAR, in so far as they make obtaining that licence subject to the condition that agents have not been the subject of any criminal or disciplinary measures, it is apparent from the …","paragraph_id":"para_593"},{"text":"208     That said, it is for the referring court to assess, on the basis of all the relevant elements available to it, whether an equivalent level of protection of that objective could not have been achieved by means of measures less restrictive of competition which would have been equally effective …","paragraph_id":"para_594"},{"text":"209     As regards the rules, mentioned by the referring court in its question, concerning agent licences, which make obtaining and renewing that licence subject to the condition that applicants and holders of an agent licence comply, first, with the FIFA rules and, by default, Swiss law and, second …","paragraph_id":"para_595"},{"text":"210     Moreover, in so far as they require applicants for and holders of an agent licence to comply with the FIFA rules, those rules on agent licences may be regarded as seeking to guarantee the integrity of the transfer system and of sporting competitions more broadly. Such an objective may be regarded as a legitimate objective in the public interest within the meaning of the case-law referred to in paragraph 176 of the present judgment.","paragraph_id":"para_596"},{"text":"211     It is for the referring court to determine whether the application of the FIFA rules and Swiss law to agents and their being subject to the jurisdiction of the bodies provided for that purpose are such as to produce restrictive effects on competition which are disproportionate with regard to that objective.","paragraph_id":"para_597"},{"text":"212     In the fourth place, as regards the rules on making an approach, set out in Article 16(1)(b) and (c) of the FFAR, these do not appear, by contrast, to be capable of being justified by the objective put forward by FIFA. In its written observations, the latter merely claims, on the subject of …","paragraph_id":"para_598"},{"text":"213     In the fifth place, as regards the rules set out in Article 16(2)(j)(ii) to (v) and (k)(ii), and those set out in Article 19(a) to (d) of the FFAR organising the communication of certain information to FIFA and other persons required to apply the FFAR, such rules may, in so far as those regu …","paragraph_id":"para_599"},{"text":"214     In so far as those rules require the communication of information in order, first, to enable FIFA to verify compliance with those regulations and, second, to enable the addressees of those regulations to comply with them, they appear to be appropriate for attaining such objectives.","paragraph_id":"para_600"},{"text":"215     In addition, as regards the information referred to in Article 16(2)(j)(ii) to (v) and (k)(ii), and that referred to in Article 19(a) to (d) of the FFAR, it is not apparent from the documents before the Court that there are other measures which would make it possible to achieve that objectiv …","paragraph_id":"para_601"},{"text":"216     By contrast, as regards the information referred to in Article 19(e) of the FFAR, it should be noted that the particularly broad formulation of that provision, in so far as it refers to the ‘details of all Transactions involving Football Agents’, appears to leave open the possibility that the disclosure of the information thus made is not necessary for the purposes of achieving the objective of ensuring the correct application of the FFAR.","paragraph_id":"para_602"},{"text":"217     In particular, the implementation of such a provision appears to be such as to enable competitors to know the amount of fees paid to agents. While some price transparency is necessary in order to enable agents wishing to approach new clients to offer competitive prices, it should be noted th …","paragraph_id":"para_603"},{"text":"218     Consequently, the case-law referred to in paragraph 176 of the present judgment appears to be applicable only to rules such as those set out in Article 16(2)(j)(ii) to (v) and (k)(ii) and Article 19(a) to (d) of the FFAR, whereas it cannot extend to the one laid down in Article 19(e) of those regulations.","paragraph_id":"para_604"},{"text":"–        Whether certain conduct may fall within the scope of Article 101(3) TFEU","paragraph_id":"para_605"},{"text":"219     In accordance with Article 101(3) TFEU, any agreement, decision by an association of undertakings or concerted practice which proves to be contrary to Article 101(1) TFEU, whether because of its anticompetitive object or effect, may be exempted where that agreement, decision or practice satisfies the four cumulative conditions laid down in that provision.","paragraph_id":"para_606"},{"text":"220     As is apparent from the very wording of that provision, the conditions laid down in Article 101(3) TFEU for an exemption are, first, that the agreement between undertakings, the decision by an association of undertakings or the concerted practice in question contributes to improving the prod …","paragraph_id":"para_607"},{"text":"221     The first of those four conditions requires it to be demonstrated with a sufficient degree of probability that the agreement between undertakings, the decision by an association of undertakings or the concerted practice in question makes it possible to achieve efficiency gains (judgment of 4 October 2024, FIFA , C‑650/22, EU:C:2024:824, paragraph 154).","paragraph_id":"para_608"},{"text":"222     In that regard, it follows from the settled case-law that the efficiency gains that the agreement, decision by an association of undertakings or concerted practice at issue in a given case must make it possible to achieve correspond not to any advantage the participating undertakings may der …","paragraph_id":"para_609"},{"text":"223     Such gains must be quantifiable (see judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 196) in the sense that it must be possible, by means of an analytical framework, to weigh them against the harm revealed, in the context in question, by the f …","paragraph_id":"para_610"},{"text":"224     In the case in the main proceedings, the fact that the rules at issue restrict the right of agents to take advantage of certain market anomalies could imply the existence of efficiency gains on the market for agents’ services with a view to the international transfer of professional players …","paragraph_id":"para_611"},{"text":"225     As regards the second condition referred to in paragraph 220 of the present judgment, that condition involves establishing that the efficiency gains made possible by the agreement, decision or practice in question have a positive impact on all users, be they traders, intermediate consumers or end consumers, in the different sectors or markets concerned (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 193).","paragraph_id":"para_612"},{"text":"226     In that regard, it should be noted that, in so far as the concept of ‘all users’ requires an assessment of the existence of such gains, that second condition must be understood as not necessarily requiring that each potential user of the goods or services concerned benefits in the same way f …","paragraph_id":"para_613"},{"text":"227     As regards the third condition, to the effect that the conduct at issue must be indispensable or necessary, that condition requires an assessment and comparison of the respective impact, on the one hand, of the agreement, decision or practice in question and, on the other, of the alternative …","paragraph_id":"para_614"},{"text":"228     As regards the fourth condition, the ascertainment of its observance in a given case involves an examination of the quantitative and qualitative aspects that characterise the functioning of competition in the sectors or markets concerned, in order to determine whether the agreement, decision …","paragraph_id":"para_615"},{"text":"229     Non-observance of one of those four cumulative conditions suffices to rule out the possibility that the conduct at issue may come within the exemption provided for in Article 101(3) TFEU (see, to that effect, judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 208, and of 4 October 2024, FIFA , C‑650/22, EU:C:2024:824, paragraph 155).","paragraph_id":"para_616"},{"text":"230     It is for the undertaking or association of undertakings claiming the benefit of that provision to demonstrate, by means of convincing arguments and evidence, that all of the conditions required for the exemption are satisfied (see, to that effect, judgment of 6 October 2009, GlaxoSmithKline Services and Others v Commission and Others , C‑501/06 P, C‑513/06 P, C‑515/06 P and C‑519/06 P, EU:C:2009:610, paragraph 82).","paragraph_id":"para_617"},{"text":"231     If those arguments and that evidence are such as to oblige the other party to refute them convincingly, it is permissible, in the absence of such refutation, to conclude that the burden of proof borne by the party relying on Article 101(3) TFEU has been discharged (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 191).","paragraph_id":"para_618"},{"text":"232     It follows that, in the case in the main proceedings, in order to be able to benefit from Article 101(3) TFEU, it is for FIFA to demonstrate before the referring court, by means of convincing arguments and evidence, that the adoption of the FFAR generated efficiency gains, whether qualitativ …","paragraph_id":"para_619"},{"text":"233     That said, as regards a rule such as that laid down in Article 16(1)(b) and (c) of the FFAR, it should be borne in mind that it follows from paragraph 158 of the present judgment that the prohibition on agents approaching or concluding a representation agreement with a client already bound b …","paragraph_id":"para_620"},{"text":"234     Accordingly, it follows from all the foregoing considerations that Article 101 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as, first, the requirements contained in those regulations give r …","paragraph_id":"para_621"},{"text":"(b)     The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 102 TFEU","paragraph_id":"para_622"},{"text":"235     It should be recalled at the outset that Articles 101 and 102 TFEU must be interpreted and applied consistently, although in compliance with the specific characteristics of each of those articles (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 119).","paragraph_id":"para_623"},{"text":"236     Under Article 102 TFEU, any conduct attributable to one or more undertakings which occupies a dominant position within the internal market or in a substantial part of it which may affect trade between Member States and which consists of the abuse of such a position is incompatible with the internal market and is therefore prohibited.","paragraph_id":"para_624"},{"text":"(1)     Whether the conduct in question originates from one or more undertakings","paragraph_id":"para_625"},{"text":"237     In the present case, it is common ground that the FFAR were adopted by FIFA alone. It is true that that entity was regarded, for the purposes of the application of Article 101(1) TFEU, as constituting an association of undertakings. However, that fact does not preclude FIFA from being classified, for the purposes of the application of Article 102 TFEU, as an ‘undertaking’.","paragraph_id":"para_626"},{"text":"238     Since FIFA also pursues its own objectives and, to that end, it is active on a number of markets, such as those for the organisation of sporting competitions, as well as those for sports ticketing, the transfer of television rights, the sale of media partnerships, sponsorship or the marketin …","paragraph_id":"para_627"},{"text":"(2)     Holding a dominant position on the internal market or on a substantial part of it","paragraph_id":"para_628"},{"text":"239     According to settled case-law, the concept of ‘dominant position’ refers to a position of economic strength held by an undertaking, or by several undertakings, which enables it to prevent effective competition from being maintained on one or more relevant markets, which may be distinct from …","paragraph_id":"para_629"},{"text":"240     Such economic power on a given market may arise in particular from the fact that an undertaking exercises regulatory and review powers and the power to impose sanctions in respect of a significant part of that market or those markets (see, to that effect, judgment of 21 December 2023, European Superleague Company   C ‑333/21, EU:C:2023:1011, paragraph 137).","paragraph_id":"para_630"},{"text":"241     In the present case, it is common ground that FIFA, as the umbrella organisation grouping together the various international and national football confederations and associations, may, on account of the regulatory power conferred on it by that organisation, exercise, in practice, that power …","paragraph_id":"para_631"},{"text":"242     It is true that, unlike the facts which gave rise to the judgments of 1 July 2008, MOTOE (C‑49/07, EU:C:2008:376) and of 21 December 2023, European Superleague Company (C‑333/21, EU:C:2023:1011), FIFA is not itself an operator active on those markets and, in particular, on those likely to be …","paragraph_id":"para_632"},{"text":"243     However, as the Advocate General observed, in essence, in point 137 of his Opinion, that fact does not preclude FIFA from having the power to shape the conditions in which undertakings may access the market for agents’ services with a view to the international transfer of professional players or coaches and the employment market of professional players or coaches.","paragraph_id":"para_633"},{"text":"244     Consequently, it must be held that FIFA has a dominant position, within the meaning of Article 102 TFEU, on the various markets on which it exercises regulatory and review powers and the power to impose sanctions, in particular those likely to be affected by the application of the FFAR.","paragraph_id":"para_634"},{"text":"(3)     The concept of ‘effect on trade between Member States’","paragraph_id":"para_635"},{"text":"245     Since the concept of ‘effect on trade between Member States’ is common to Articles 101 and 102 TFEU, and in so far as it has been found, in paragraph 95 of the present judgment, that, in the present case, that condition is satisfied for the purposes of the application of Article 101 TFEU, it follows that the same applies with regard to the application of Article 102 TFEU.","paragraph_id":"para_636"},{"text":"(4)     Whether there is an abuse","paragraph_id":"para_637"},{"text":"246     As follows from the consistent case-law, the purpose of Article 102 TFEU is to prevent competition from being restricted to the detriment of the public interest, individual undertakings and consumers, by sanctioning the conduct of undertakings in a dominant position that has the effect of hi …","paragraph_id":"para_638"},{"text":"247     Dominant undertakings have a special responsibility, irrespective of the reasons for which they have such position, not to allow their conduct to impair genuine, undistorted competition on the internal market (judgment of 12 May 2022, Servizio Elettrico Nazionale and Others , C‑377/20, EU:C:2022:379, paragraph 74).","paragraph_id":"para_639"},{"text":"248     Such abuse covers any practice which, through recourse to means different from those governing normal competition between undertakings, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 125 and the case-law cited).","paragraph_id":"para_640"},{"text":"249     However, it is not the purpose of Article 102 TFEU to prevent an undertaking from acquiring, on its own merits, a dominant position on a market, or to ensure that competitors less efficient than an undertaking in such a position should remain on the market (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 126 and the case-law cited).","paragraph_id":"para_641"},{"text":"250     On the contrary, competition on the merits may, by definition, lead to the departure from the market or the marginalisation of competitors which are less efficient and so less attractive to consumers from the point of view of, among other things, price, choice, quality or innovation (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 127 and the case-law cited).","paragraph_id":"para_642"},{"text":"251     A fortiori, while a dominant undertaking has a special responsibility not to allow its behaviour to impair genuine, undistorted competition on the internal market, Article 102 TFEU does not sanction the existence per se of a dominant position, but only the abusive exploitation thereof (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 128 and the case-law cited).","paragraph_id":"para_643"},{"text":"252     The demonstration that a practice must be classified as an ‘abuse of a dominant position’, which may entail the use of different analytical frameworks depending on the type of conduct at issue in a given case, must however be made in the light of all the relevant factual circumstances (judgment of 21 December 2023, European Superleague Company , C‑333/21, paragraph 130 and the case-law cited).","paragraph_id":"para_644"},{"text":"253     The types of conduct capable of constituting an abuse of a dominant position include not only those classified as ‘exclusionary abuse’, that is to say, capable of excluding competitors from one or more of the markets concerned by recourse to means which do not come within the scope of compet …","paragraph_id":"para_645"},{"text":"254     In the present case, the applicants in the main proceedings submit that the rules of the FFAR mentioned by the referring court produce both exclusionary and exploitative effects on the market for agents’ services with a view to the international transfer of professional players or coaches and on the employment market of players or coaches.","paragraph_id":"para_646"},{"text":"255     First, those rules have the effect of restricting, for agents, players, coaches, clubs and single-entity leagues, access to the first of those markets and, for agents who are already active on it, the possibility of competing effectively, as do they limit, for clubs, the means of competing w …","paragraph_id":"para_647"},{"text":"256     As regards, in the first place, the existence of possible exclusionary abuses, it should be borne in mind that, as is apparent from the case-law referred to in paragraph 253 of the present judgment, in order for the conduct adopted by a dominant undertaking to fall within that analytical framework, that undertaking must be in actual or potential competition with the undertakings affected by the conduct in question.","paragraph_id":"para_648"},{"text":"257     The analytical framework used for exclusionary abuse turns on an assessment of whether, first, the conduct in question departs from competition on the merits and, second, that conduct may produce actual or potential effects capable of restricting competition, by excluding equally efficient c …","paragraph_id":"para_649"},{"text":"258     According to the Court’s case-law, the first condition to be assessed during that test may be satisfied, inter alia, by demonstrating that the conduct could not be replicated by a hypothetical equally efficient, but not dominant, competitor (see, to that effect, judgment of 12 May 2022, Serv …","paragraph_id":"para_650"},{"text":"259     That said, the finding of an infringement of Article 102 TFEU on account of exclusionary abuse is not subject to proof that the conduct concerned is capable of excluding such a competitor (see, to that effect, judgment of 10 September 2024, Google and Alphabet v Commission (Google Shopping) , C‑48/22 P, EU:C:2024:726, paragraphs 263 and 264).","paragraph_id":"para_651"},{"text":"260     The reference to an equally efficient competitor, in cases where it is relevant, also serves to recall that, in order to satisfy the second condition referred to in paragraph 257 of the present judgment, the actual or potential exclusionary effects produced by the conduct in question must no …","paragraph_id":"para_652"},{"text":"261     In the case at issue in the main proceedings, it should be noted that FIFA may be regarded as having a dominant position on the market for agents’ services with a view to the international transfer of professional players or coaches and on the employment market of players or coaches, that position resulting from its regulatory and review powers and the power to impose sanctions in respect of those markets, as mentioned in paragraph 244 of the present judgment.","paragraph_id":"para_653"},{"text":"262     Admittedly, it is not apparent from the documents before the Court that FIFA is present, as an undertaking, on either of those markets, or that it intends to carry on an economic activity on those markets in the short or medium term.","paragraph_id":"para_654"},{"text":"263     Nevertheless, FIFA has members which are national football associations, which are themselves groupings of undertakings, such as single-entity leagues and clubs, which carry on different economic activities, among which are principally the organisation of football competitions and participat …","paragraph_id":"para_655"},{"text":"264     While the single-entity leagues and football clubs, on the one hand, and the agents present on that market, on the other, may not be regarded as competitors, they nonetheless pursue conflicting economic, commercial and financial interests, in particular as regards the distribution of profits likely to be derived in the event of international transfers of professional players or coaches in which they may be led to participate.","paragraph_id":"para_656"},{"text":"265     Accordingly, in the event that FIFA were to use its regulatory powers and, therefore, the dominant position which it holds in order to limit, steer or regulate the growth of competition on the market for agents’ services in accordance with the economic or competitive interests of single-enti …","paragraph_id":"para_657"},{"text":"266     However, in order to determine whether that is the case in a case such as that in the main proceedings, it is necessary to carry out a detailed, comprehensive and overall analysis of the conduct in question, which presupposes an examination of the nature, content and actual or potential effe …","paragraph_id":"para_658"},{"text":"267     In the present case, it is for the referring court to carry out such an analysis.","paragraph_id":"para_659"},{"text":"268     As regards, in the second place, the existence of any exploitative abuse, it is important to note that the application of the analytical framework associated with that classification presupposes that, by its conduct, an undertaking in a dominant position has unduly derived profit from that position on a given market, or seeks to do so, to the detriment of its customers, suppliers or other trading partners.","paragraph_id":"para_660"},{"text":"269     In particular, the conduct of an undertaking in a dominant position consisting in imposing on its customers or suppliers trading conditions which are unreasonable in relation to the type of transaction or the value of the product or service placed on the market constitutes such abuse (see, t …","paragraph_id":"para_661"},{"text":"270     In the present case, while it is common ground that the agents do not supply any goods or services to FIFA, the fact remains that, in accordance with Article 16(2)(f) of the FFAR, agents wishing to operate on the market for agents’ services with a view to the international transfer of profes …","paragraph_id":"para_662"},{"text":"271     In addition, more generally, that market for agents’ services with a view to the international transfer of professional players or coaches is itself intrinsically linked to the employment market for players or coaches, two markets on which undertakings such as single-entity leagues and clubs …","paragraph_id":"para_663"},{"text":"272     That said, as the Advocate General notes, in essence, in points 127 and 128 of his Opinion, in order to establish, by means of that analytical framework, the existence of such abuse in the circumstances at issue in the main proceedings, it is necessary to demonstrate that the undertaking in …","paragraph_id":"para_664"},{"text":"273     In the case at issue in the main proceedings, the existence of exploitative abuse could thus be established by demonstrating that a reasonably efficient sports federation, in a comparable situation, would have been led to adopt rules different from those at issue, which, while suitable for attaining the objectives pursued, would have been significantly less harmful to the agents’ own interests.","paragraph_id":"para_665"},{"text":"274     It is, in any event, for the referring court to assess, for each of those rules, whether they may be examined by means of the analytical framework applicable to exploitative abuse and to determine whether the various rules referred to by the referring court are capable of constituting abuses of a dominant position within the meaning of Article 102 TFEU.","paragraph_id":"para_666"},{"text":"(5)     Whether conduct falling within the scope of Article 102 TFEU may be justified","paragraph_id":"para_667"},{"text":"275     Should the applicant succeed in establishing that some of the rules at issue may be classified as ‘abuse of a dominant position’, in so far as they reflect an exploitation by FIFA of its dominant position, for example, on the market for agents’ services with a view to the international trans …","paragraph_id":"para_668"},{"text":"276     As regards, first, the case-law cited in paragraph 176 of the present judgment, it should be noted that its application is subject, in the context of the application of Article 102 TFEU, to the same conditions as those recalled in paragraphs 176 to 179 of this judgment with regard to the implementation of Article 101 TFEU.","paragraph_id":"para_669"},{"text":"277     In particular, that case-law cannot apply to conduct which, irrespective of which legitimate objectives in the public interest could be relied on in support thereof, by its very nature infringes Article 102 TFEU (see, to that effect, judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 185).","paragraph_id":"para_670"},{"text":"278     Second, as regards the possibility for an undertaking to rely on the fact that its conduct is objectively necessary because of specific and legitimate constraints, it should be borne in mind that the situations which the case-law has already recognised as capable of characterising the existe …","paragraph_id":"para_671"},{"text":"279     In the present case, it is for the referring court to determine whether the existence of such a situation has been demonstrated by the applicants in the main proceedings.","paragraph_id":"para_672"},{"text":"280     If that were the case, that court will still have to verify that the conduct of the undertaking in question, in the present case, FIFA, remained proportionate, which presupposes, in a similar manner as required by the application of the case-law referred to in paragraph 179 of the present ju …","paragraph_id":"para_673"},{"text":"281     As regards, third, whether possible abuses of a dominant position may be justified by the fact that the negative effects on consumers resulting from the conduct at issue are counterbalanced or even outweighed by efficiency gains which also benefit them, it should be borne in mind that that is subject to the same conditions as those laid down for the application of Article 101(3) TFEU, as set out in paragraphs 176 to 179 of the present judgment.","paragraph_id":"para_674"},{"text":"282     In the present case, if it were to be established that the applicants in the main proceedings discharged their burden of proof in demonstrating the existence of an abuse of a dominant position, it will then be for the referring court to assess whether the arguments put forward by FIFA to jus …","paragraph_id":"para_675"},{"text":"283     It follows from all of the foregoing that Article 102 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, where, first, that federation has binding rule-making power over a significant part of the relevant …","paragraph_id":"para_676"},{"text":"3.       The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 56 TFEU","paragraph_id":"para_677"},{"text":"284     Under Article 56 TFEU, restrictions on freedom to provide services within the European Union are prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.","paragraph_id":"para_678"},{"text":"285     Even though that provision is principally addressed to Member States, it may nevertheless apply where a group or organisation exercises a certain power over individuals and is in a position to impose on them conditions equivalent to those which a Member State would itself be in a position to …","paragraph_id":"para_679"},{"text":"286     Article 56 TFEU is therefore capable of precluding any regulations adopted by an international sports body which obstruct the exercise of that freedom by prohibiting, impeding or rendering less attractive, for any providers in one Member State, the pursuit of their activities in another Memb …","paragraph_id":"para_680"},{"text":"(a)     Whether there is an obstacle","paragraph_id":"para_681"},{"text":"287     In the present case, it is common ground that the FFAR apply in all Member States.","paragraph_id":"para_682"},{"text":"288     However, the fact remains that, following the adoption of the rules at issue by FIFA, agents established in certain Member States may now be prevented from providing some of their services to certain current or potential clients established in the territory of other Member States where, in t …","paragraph_id":"para_683"},{"text":"289     By contrast, as regards rules on agents’ remuneration, mentioned by the referring court in its question, it must be borne in mind that, according to the case-law, rules do not constitute a restriction on the freedom to provide services, within the meaning of Article 56 TFEU, solely by virtue …","paragraph_id":"para_684"},{"text":"290     Consequently, the rules on remuneration mentioned by the referring court in its question cannot be regarded as imposing a restriction on that freedom to provide services solely because they regulate the remuneration of agents and coaches or the methods for calculating or paying that remuneration. It is for the referring court to determine whether, in the light of the arguments put forward by the applicants, they may constitute such a restriction for another reason.","paragraph_id":"para_685"},{"text":"291     As regards the rules governing the collection of certain information on a digital platform operated by FIFA and the communication of some of that information to other agents, clubs, single-entity leagues, coaches and players, mentioned by the referring court in its question, those rules appe …","paragraph_id":"para_686"},{"text":"292     In that regard, it is apparent from settled case-law that legislation which is applicable to all operators exercising their activity on national territory, the purpose of which is not to regulate the conditions concerning the provision of services by the undertakings concerned and any restri …","paragraph_id":"para_687"},{"text":"293     It should be observed, first of all, that the rules governing the collection of certain information on a digital platform, mentioned by the referring court in its question, do not seem to be intended either to regulate the conditions for exercising the right of undertakings established in an …","paragraph_id":"para_688"},{"text":"294     Next, the rules on agent licences, mentioned by the referring court in its question, which make obtaining and renewing that licence subject to the condition that agents comply with the FIFA rules and, by default, Swiss law, can constitute a restriction on the freedom to provide services only if the rules which are thus applicable to agents are themselves such as to dissuade them from carrying out their activity in another Member State.","paragraph_id":"para_689"},{"text":"295     Lastly, as regards the rules on agent licences, which make obtaining and renewing that licence subject to the condition that agents submit to the jurisdiction of FIFA, its member associations and the CAS, it should be noted that the referring court does not sufficiently explain how such rule …","paragraph_id":"para_690"},{"text":"(b)     Whether there are justifications","paragraph_id":"para_691"},{"text":"296     Given that, as stated in paragraph 288 of the present judgment, some of the rules mentioned by the referring court in its question constitute obstacles to the freedom to provide services enshrined in Article 56 TFEU, it should be borne in mind that measures of non-State origin may be permitt …","paragraph_id":"para_692"},{"text":"297     As regards the condition relating to the suitability of such measures, it should also be borne in mind that measures may be held to be suitable for ensuring achievement of the aim relied on only if they genuinely reflect a concern to attain it in a consistent and systematic manner (judgments …","paragraph_id":"para_693"},{"text":"298     Lastly, similarly to situations involving a measure of State origin, once the applicant or applicants have established that measures of non-State origin constitute an obstacle within the meaning of the FEU Treaty. it is for the party who introduced those measures to demonstrate that they sat …","paragraph_id":"para_694"},{"text":"299     In the present case, as regards, in the first place, the rules restricting multiple representation mentioned by the referring court in its question, it should be noted that those rules are intended to avoid conflicts of interest and, thus, to protect clients against conduct by agents which i …","paragraph_id":"para_695"},{"text":"300     In addition, such rules appear appropriate for attaining that objective since they limit the possibility for an agent – or for several agents who are ‘connected’ as a result of being directors, co-owners, shareholders or employees of the same agency, or having a family relationship or having made an arrangement to cooperate – to represent simultaneously both the player and the engaging and releasing clubs involved in a transaction.","paragraph_id":"para_696"},{"text":"301     Moreover, while it would have been possible to implement other measures, such as imposing obligations of transparency and information on agents or the requirement to obtain the written consent of the parties concerned, such measures do not appear to be equally effective in achieving the objective pursued, which it is nevertheless for the referring court to ascertain.","paragraph_id":"para_697"},{"text":"302     As regards, in the second place, the rules on agent licences, in so far as they make granting that licence subject to the condition that agents have not been the subject of any of the criminal or disciplinary measures referred to in Article 5(1)(a)(ii) and (iii) of the FFAR, it is apparent f …","paragraph_id":"para_698"},{"text":"303     As regards the rules on agent licences, in so far as they make obtaining and renewing that licence subject to the condition that applicants and holders of such a licence comply, first, with the FIFA rules and, by default, Swiss law, and, second, submit to the jurisdiction of FIFA, its member …","paragraph_id":"para_699"},{"text":"304     Moreover, in so far as they require applicants and holders of an agent licence to comply with the FIFA rules, the rules on agent licences may be regarded as seeking, ultimately, to guarantee the integrity of the transfer system and of sporting competitions more broadly, and to improve the pr …","paragraph_id":"para_700"},{"text":"305     It is nevertheless for the referring court to assess, in the light of all the relevant elements available to it, whether, by making obtaining and renewing a licence subject to certain conditions, such as those referred to in paragraphs 302 and 303 of the present judgment, the rules on agent …","paragraph_id":"para_701"},{"text":"306     As regards, in the third place, the rules on making an approach, which prohibit agents from approaching a potential client or entering into an agreement with that client outside certain periods, it should be noted that, before the referring court, FIFA justified those rules on the basis of t …","paragraph_id":"para_702"},{"text":"307     It is true that, in its observations before the Court, FIFA also argued that such rules ‘benefit players, who now have a clear period of time during which they may consider various options’. Such an argument may be linked with the legitimate objective in the public interest, referred to in Article 1(2)(e) of the FFAR, of protecting players who lack experience or information relating to the football transfer system.","paragraph_id":"para_703"},{"text":"308     However, the fact remains that, in the present case, the rules at issue protect players and clubs without distinction, even though such an objective concerns only players. Furthermore, as is apparent from paragraph 212 of the present judgment, those rules do not pursue that objective coherently, as they do not apply to agents who are already bound by a representation agreement.","paragraph_id":"para_704"},{"text":"309     Consequently, if, in the present case, the applicants in the main proceedings were to succeed in demonstrating that the rules on making an approach, although apparently neutral, nevertheless constitute an obstacle to the freedom to provide services, such an obstacle could not be justified by …","paragraph_id":"para_705"},{"text":"310     It follows that Article 56 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents by means of rules which, first, restrict multiple representation by those agents; second, make obtaining the licence needed for …","paragraph_id":"para_706"},{"text":"B.       The question referred for a preliminary ruling in so far as it concerns the interpretation of Article 6 of the GDPR","paragraph_id":"para_707"},{"text":"311     Under Article 2(1) of the GDPR, in terms of its material scope, that regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.","paragraph_id":"para_708"},{"text":"312     That being so, as is apparent from Article 1(1) of the GDPR, that regulation governs the processing of data concerning natural persons only.","paragraph_id":"para_709"},{"text":"313     Consequently, Article 6 of the GDPR can preclude the adoption of rules providing for the processing of personal data only in so far as the data in question concern natural persons, such as, inter alia, agents, players or coaches, and not entities such as clubs or single-entity leagues.","paragraph_id":"para_710"},{"text":"314     As regards the territorial scope of the GDPR, Article 3(2)(a) of that regulation provides that that regulation applies to the processing of personal data of persons who are in the European Union, where that processing is carried out by a controller or processor not established in the European Union, and the processing activities are related to the offering of goods or services, irrespective of whether a payment is required, to those persons in the European Union.","paragraph_id":"para_711"},{"text":"315     In the present case, the FFAR seek to regulate the professional activities of agents. Consequently, in so far as the processing of personal data provided for by the FFAR concerns economic or sporting activities carried out by natural persons, such as agents, players or coaches, within the European Union, that processing falls within the scope of the GDPR.","paragraph_id":"para_712"},{"text":"316     Any processing of personal data must, subject to the derogations permitted in Article 23 thereof, observe the principles governing the processing of personal data and the rights of the data subject set out, respectively, in Chapters II and III of that regulation. In particular, any processin …","paragraph_id":"para_713"},{"text":"317     As the Advocate General observed in point 159 of his Opinion, although the referring court has not specified which of the alternative lawfulness conditions referred to in the first subparagraph of Article 6(1) of the GDPR are applicable in the case in the main proceedings, it follows both fr …","paragraph_id":"para_714"},{"text":"318     That article provides that the processing of personal data is lawful if it is ‘necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data’.","paragraph_id":"para_715"},{"text":"319     According to settled case-law, that provision thus lays down three cumulative requirements, namely, first, that the controller or a third party is pursuing a legitimate interest; second, that processing is necessary for the purposes of the legitimate interest pursued; and, third, that the in …","paragraph_id":"para_716"},{"text":"320     As regards, in the first place, the condition relating to the pursuit, by the controller, of one or more ‘legitimate interests’ within the meaning of the GDPR, the Court has held that, in the absence of a definition of the concept of ‘legitimate interest’ in that regulation, it is common gro …","paragraph_id":"para_717"},{"text":"321     As regards, in the second place, the requirement relating to the need for processing personal data for the purpose of attaining the legitimate interest pursued, it is necessary to ascertain whether that legitimate interest could reasonably be achieved just as effectively by other means less …","paragraph_id":"para_718"},{"text":"322     In that context, it should also be recalled that the condition relating to the need for processing must be examined in conjunction with the ‘data minimisation’ principle enshrined in Article 5(1)(c) of the GDPR, in accordance with which personal data must be adequate, relevant and limited to …","paragraph_id":"para_719"},{"text":"323     As regards, in the third place, the requirement that the interests or fundamental rights and freedoms of the person concerned by the data protection do not take precedence over the legitimate interests of the controller or of a third party, that condition entails a balancing of the opposing …","paragraph_id":"para_720"},{"text":"324     Furthermore, as can be seen from recital 47 of the GDPR, the interests and fundamental rights of the data subjects may in particular override the interest of the data controller where personal data are processed in circumstances where data subjects do not reasonably expect such processing.","paragraph_id":"para_721"},{"text":"325     Moreover, although the fact that the personal data concerned may relate to activities of a professional nature does not, in itself, exclude them either from the protection conferred by the fundamental right to respect for private life, guaranteed by Article 7 of the Charter, or from the prot …","paragraph_id":"para_722"},{"text":"326     Although it is ultimately for the referring court to assess whether the rules laid down by the FFAR, as referred to in Article 16(2)(j)(ii) to (v) and (k)(ii) and Article 19 of those regulations, comply with the three requirements referred to in paragraph 319 of the present judgment, the Cou …","paragraph_id":"para_723"},{"text":"327     Accordingly, since the referring court’s question refers to the rules mentioned in the preceding paragraph of the present judgment, it is necessary to provide that court with the necessary criteria for the interpretation of point (f) of the first subparagraph of Article 6(1) of the GDPR so as to permit it to assess whether the processing of personal data provided for in the abovementioned provisions of the FFAR is compatible with that article.","paragraph_id":"para_724"},{"text":"1.       The processing of personal data provided for in Article 16 (2)(j)(ii) to (v) and (k)(ii) of the FFAR","paragraph_id":"para_725"},{"text":"328     Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR provides that agents are required to communicate to FIFA various pieces of information that may contain personal data, namely, first, any agreement with a client other than a representation agreement, including but not limited to agreements …","paragraph_id":"para_726"},{"text":"329     Given that the operation of a digital platform, such as that operated by FIFA, presupposes, subject to verification by the referring court, the use of ‘automated processing’ and ‘filing systems’, within the meaning of Article 2(1) of the GDPR, read, as regards that second concept, in conjunc …","paragraph_id":"para_727"},{"text":"(a)     Compliance with the first requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_728"},{"text":"330     As regards the question whether the processing provided for in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR complies with the first requirement recalled in paragraph 319 of the present judgment, namely that the controller or a third party is pursuing a legitimate interest, it should b …","paragraph_id":"para_729"},{"text":"331     It should be noted that, in so far as the natural persons whose data agents may provide to FIFA, on the basis of Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR, are all involved in competitions organised by FIFA or by confederations or federations affiliated to it, and the data that may …","paragraph_id":"para_730"},{"text":"332     Consequently, the requirement which FIFA imposes on agents to communicate to it the information referred to in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR in order to ensure that those agents and their clients comply with their obligations under those regulations may be regarded as p …","paragraph_id":"para_731"},{"text":"(b)     Compliance with the second requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_732"},{"text":"333     As regards the second requirement referred to in paragraph 319 of the present judgment, relating to the need for processing and compliance with the minimisation principle applicable to the data concerned, it should be noted that, although the items of data referred to in Article 16(2)(j)(ii) …","paragraph_id":"para_733"},{"text":"334     First of all, it must be observed that the disclosure of every agreement entered into with a client other than a representation agreement, including, but not limited to agreements relating to other services provided for in Article 16(2)(j)(ii) of the FFAR, makes it possible to ensure that th …","paragraph_id":"para_734"},{"text":"335     It is, however, for the referring court to determine whether other measures might allow an equally effective review of compliance while being less restrictive of the rights of data subjects.","paragraph_id":"para_735"},{"text":"336     Next, it is important to state that the personal data which may be concerned by the disclosure of the information referred to in Article 16(2)(j)(v) and Article 16(2)(k)(ii) of the FFAR appear to be adequate, relevant and limited to what is necessary to enable FIFA to ensure that agents comp …","paragraph_id":"para_736"},{"text":"337     Lastly, as regards the processing referred to in points (iii) and (iv) of Article 16(2)(j) of the FFAR, it should be noted that those two provisions do not specify which information must be communicated by agents, but merely refer in that regard to the information requested on the digital pl …","paragraph_id":"para_737"},{"text":"(c)     Compliance with the third requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_738"},{"text":"338     As regards the third requirement referred to in paragraph 319 of the present judgment, that the various interests and fundamental rights and freedoms involved must be balanced, it must be held that, although some of the personal data of FIFA-licensed agents, the players and coaches they repr …","paragraph_id":"para_739"},{"text":"339     In addition, the personal data in question do not relate to the family or personal life of the data subjects, but to the professional activities they carry out within the regulatory framework which is established by FIFA and of which they are presumed to be aware in their capacity as professionals. In those circumstances, those persons can legitimately expect that FIFA will need to process some of their personal data.","paragraph_id":"para_740"},{"text":"340     Moreover, Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR seeks to ensure the correct application of the FFAR.","paragraph_id":"para_741"},{"text":"341     Such an objective may be regarded as being of considerable importance to FIFA.","paragraph_id":"para_742"},{"text":"342     Consequently, subject to the assessment which, as is apparent from paragraph 326 of the present judgment, is to be carried out by the referring court, that court could consider that the processing of personal data provided for in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR is based o …","paragraph_id":"para_743"},{"text":"343     Hence, provided, furthermore, that the referring court has established that the rules at issue do not infringe any provision of EU law or of the applicable national law, that provision could therefore be regarded as compatible with point (f) of the first subparagraph of Article 6(1) of the GDPR.","paragraph_id":"para_744"},{"text":"344     It is important, however, to point out that that consideration is without prejudice to the compliance with the GDPR of some personal data processing operations the precise content of which is not specified in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR, such as those relating to info …","paragraph_id":"para_745"},{"text":"2.       The processing of personal data provided for in Article 19 of the FFAR","paragraph_id":"para_746"},{"text":"345     In accordance with Article 19 of the FFAR, FIFA is to make available information relating to all agents, including their names and contact details and those of the clients represented by those agents, specifying the exclusivity or non-exclusivity of their representation and the expiry date o …","paragraph_id":"para_747"},{"text":"346     The making available of such information may be classified as dissemination of personal data within the meaning of Article 4(2) of the GDPR, with the result that it is subject to the requirements referred to in paragraph 319 of the present judgment.","paragraph_id":"para_748"},{"text":"347     As regards Article 19(d) of the FFAR, which requires FIFA to make available any sanctions imposed on agents and their clients, it should be recalled that, under Article 10 of the GDPR, processing of personal data relating to criminal convictions and offences may be carried out only under the control of official authority, unless it is ‘authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects’.","paragraph_id":"para_749"},{"text":"348     Article 10 of the GDPR thus aims to ensure enhanced protection as regards processing which, because of the particular sensitivity of the data at issue, is liable to constitute a particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, guaranteed by Articles 7 and 8 of the Charter (judgment of 22 June 2021, Latvijas Republikas Saeima (Penalty points) , C‑439/19, EU:C:2021:504, paragraph 74).","paragraph_id":"para_750"},{"text":"349     Since the data to which Article 10 of the GDPR refers relate to behaviour that gives rise to social disapproval, the grant of access to such data is liable to stigmatise the data subject and thereby to constitute a serious interference with his or her private or professional life (judgment o …","paragraph_id":"para_751"},{"text":"350     In order to ensure the enhanced protection provided for in Article 10 of the GDPR, which is, however, limited to the criminal field alone (see, to that effect, judgment of 22 June 2021, Latvijas Republikas Saeima (Penalty points) , C‑439/19, EU:C:2021:504, paragraph 78), where the processing …","paragraph_id":"para_752"},{"text":"351     In the present case, it is not apparent from the documents before the Court that the processing referred to in Article 19(d) of the FFAR is authorised by EU or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Therefore, if it were to transpi …","paragraph_id":"para_753"},{"text":"352     It is therefore in the light of that situation, about which the Court has not been asked by the referring court, that it is necessary to examine whether the various processing operations referred to in Article 19 meet the requirements set out in paragraph 319 of the present judgment.","paragraph_id":"para_754"},{"text":"(a)     Compliance with the first requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_755"},{"text":"353      As regards whether all the different personal data processing operations provided for in Article 19 of the FFAR comply with the first requirement referred to in paragraph 319 of this judgment, it should be noted that FIFA contends, inter alia, that those processing operations are intended to enable the various persons on whom the FFAR impose verification obligations to comply with those obligations.","paragraph_id":"para_756"},{"text":"354     Like the objective pursued by the personal data processing operations provided for in Article 16(2)(j)(ii) to (v) and (k)(ii) of the FFAR, as mentioned in paragraph 330 of the present judgment, the objective referred to in the preceding paragraph of the present judgment may be regarded as re …","paragraph_id":"para_757"},{"text":"(b)     Compliance with the second requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_758"},{"text":"355     As regards the second requirement referred to in paragraph 319 of the present judgment, namely that the processing carried out is necessary for the purposes of the legitimate interest pursued and that the data subject to processing are adequate, relevant and limited to what is necessary in r …","paragraph_id":"para_759"},{"text":"356     In the present case, the FFAR do not specify which category of persons may gain access to the information mentioned in Article 19 of those regulations. However, that lack of precision cannot, in itself, render that article contrary to point (f) of the first subparagraph of Article 6(1) of th …","paragraph_id":"para_760"},{"text":"357     Furthermore, that lack of precision does not preclude the Court from making observations as to the categories of persons in respect of whom each personal data processing operation provided for in Article 19 of the FFAR could be justified, having regard to the obligations imposed by those regulations.","paragraph_id":"para_761"},{"text":"358     In that regard, it should be noted, in the first place, that, as regards agents’ names and contact details, referred to in Article 19(a) of the FFAR, the making available of such personal data to other agents may be regarded as adequate, relevant and limited to what is necessary to enable th …","paragraph_id":"para_762"},{"text":"359     The same is true of the disclosure and publication of those data for the benefit of clubs, single-entity leagues, players and coaches, in so far as it is not apparent from the documents before the Court that there are alternative means by which, in accordance with Article 18(1)(c) of the FFA …","paragraph_id":"para_763"},{"text":"360     As regards the identity of the clients represented by each agent, as well as the exclusivity or non-exclusivity of the representation agreement and the duration of that agreement, which constitute information that must be made available pursuant to Article 19(b) of the FFAR, it should be noted that making such information available to clubs and single-entity leagues could enable them to comply with Article 18bis of the RSTP.","paragraph_id":"para_764"},{"text":"361     Under Article 18bis of the RSTP, no club is to enter into a contract which enables, inter alia, a third party to acquire the ability to influence in employment and transfer-related matters its independence, its policies or the performance of its teams. Subject to verification by the referring court, it appears that an agent must be regarded as a third party for the purposes of the application of that article.","paragraph_id":"para_765"},{"text":"362     As regards the exclusivity or non-exclusivity of the representation agreement between each agent and his or her clients and the duration of that agreement, making that information available to other agents could satisfy that same requirement, since that information is necessary in order to e …","paragraph_id":"para_766"},{"text":"363     For all of that information, there do not appear to be alternative means which, while less restrictive of the right to respect for private life, guaranteed in Article 7 of the Charter, and of the right to data protection, guaranteed in Article 8 of the Charter, would be equally effective for the purpose of satisfying those requirements, which it is, however, for the referring court to verify.","paragraph_id":"para_767"},{"text":"364     In the second place, it should be pointed out, first, that the FFAR do not appear to lay down obligations compliance with which requires the disclosure and publication of the information referred to in Article 19 of those regulations for the benefit of natural or legal persons other than age …","paragraph_id":"para_768"},{"text":"365     It is true that, under Article 18(2)(e) of the FFAR, agents may not participate or assist, directly or indirectly, in any circumvention of the service fee cap established by those regulations. However, in order to ensure compliance with such an obligation, it is not necessary for other agent …","paragraph_id":"para_769"},{"text":"366     Similarly, although, under Article 18(1)(g) of the FFAR, the clients that agents represent are required immediately to report any breaches of those regulations to FIFA, the confederations or member associations, such an obligation does not require that specific information must, to that end, be made available to them beforehand.","paragraph_id":"para_770"},{"text":"367     It follows that, subject to the existence of other applicable rules contained in instruments distinct from the FFAR, the objective which FIFA claims to be pursuing, and which is referred to in paragraph 353 of the present judgment cannot, in itself, justify all the personal data processing operations provided for in Article 19 of those regulations.","paragraph_id":"para_771"},{"text":"368     However, it is apparent from Article 1 of the FFAR that those regulations also pursue the interests of setting minimum professional and ethical standards, protecting clients from unethical conduct, and protecting players who lack experience or information relating to the football transfer system. First, the pursuit of those interests by a sports federation could be regarded as legitimate.","paragraph_id":"para_772"},{"text":"369     Second, the making available of information referred to in Article 19(a) to (c) of the FFAR and, therefore, the processing of the personal data gathered as a result of that information being made available, could be regarded as adequate, relevant and limited to what is necessary to achieve such legitimate interests.","paragraph_id":"para_773"},{"text":"370     However, even if the FFAR seek to achieve those legitimate interests, the fact that they provide, in Article 19(e) thereof, for the disclosure and publication of all transactions involving agents remains contrary to the principle of data minimisation, within the meaning of Article 5(1)(c) of the GDPR, since the extent of such processing is not sufficiently circumscribed to ensure compliance with that principle.","paragraph_id":"para_774"},{"text":"371     Lastly, as regards the processing provided for in Article 19(d) of the FFAR, consisting of the disclosure and publication of any sanctions imposed on agents or clients, it should be noted that such processing may be necessary, in that it may constitute a more effective and dissuasive sanctio …","paragraph_id":"para_775"},{"text":"372     It does not appear that there are means less restrictive of the right to respect for private life, guaranteed in Article 7 of the Charter, and of the right to the protection of personal data, guaranteed in Article 8 of the Charter, which would be equally effective in achieving the legitimate …","paragraph_id":"para_776"},{"text":"(c)     Compliance with the third requirement set out in point   (f) of the first subparagraph of Article 6 (1) of the GDPR","paragraph_id":"para_777"},{"text":"373     As regards whether the processing referred to in Article 19(a) to (c) of the FFAR complies with the third requirement referred to in paragraph 319 of the present judgment, that the various interests and fundamental rights and freedoms involved must be balanced, it should be noted that those …","paragraph_id":"para_778"},{"text":"374      In that context, as regards, in the first place, the processing of personal data provided for in Article 19(a) to (c) of the FFAR, consisting of making available, first, the names and details of all the agents, second, the identity of the clients represented by those agents, including the e …","paragraph_id":"para_779"},{"text":"375     As regards, in the second place, the disclosure and publication of sanctions imposed on agents and clients, provided for in Article 19(d) of the FFAR, it is true that such data may expose the data subject to a certain form of exclusion.","paragraph_id":"para_780"},{"text":"376     However, that fact cannot, in itself, prevent the legitimate interest of the controller and that of third parties from prevailing over the interests, fundamental rights and freedoms of the agents concerned and their clients.","paragraph_id":"para_781"},{"text":"377     It is true that, in paragraph 92 of the judgment of 22 June 2021, Latvijas Republikas Saeima (Penalty points) (C‑439/19, EU:C:2021:504), the Court emphasised that, in certain circumstances, drivers of vehicles who have committed a road traffic offence and upon whom a financial or other penal …","paragraph_id":"para_782"},{"text":"378     In the present case, it appears that the processing at issue may be regarded as constituting an element of the sanction itself and also seems to be such as to restore confidence in the markets concerned and facilitate the exercise, by persons who may have suffered harm, of their right to com …","paragraph_id":"para_783"},{"text":"379     Consequently, despite the risk of exclusion which it may entail, such processing may, in certain situations, constitute a proper balance between the legitimate interest pursued and the interests, fundamental rights and freedoms of the data subjects concerned.","paragraph_id":"para_784"},{"text":"380     However, while it cannot be ruled out that the disclosure of information relating to sanctions of a certain severity may, in the light of the circumstances specific to the acts sanctioned, constitute a proper balance between the interests, fundamental rights and freedoms involved, that is no …","paragraph_id":"para_785"},{"text":"381     The latter obligation appears to entail an obligation to disclose and publish all the sanctions imposed, irrespective of their severity, of the damage which the acts sanctioned may have caused to confidence in the markets concerned, of any harm suffered by third parties or of the time that has elapsed since the breach in question was committed.","paragraph_id":"para_786"},{"text":"382     In the case at issue in the main proceedings, it does not appear that Article 19 of the FFAR draws a distinction between the sanctions imposed on an agent or his or her clients based on their severity, or that those sanctions would no longer be imposed after a certain period of time has elapsed following the commission of the acts in question.","paragraph_id":"para_787"},{"text":"383     It follows from all of those considerations that [point (f) of] the first subparagraph of Article 6(1) of the GDPR must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as those regulations provide for t …","paragraph_id":"para_788"},{"text":"384     In the light of all the foregoing considerations, the answer to the question referred is that:","paragraph_id":"para_789"},{"text":"–        Article 101 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as, first, the requirements contained in those regulations give rise to restrictions of competition, whether those restrictions are …","paragraph_id":"para_790"},{"text":"–        Article 102 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, where, first, that federation has binding rule-making power over a significant part of the relevant market and the requirements set out in th …","paragraph_id":"para_791"},{"text":"–        Article 56 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents by means of rules which, first, restrict multiple representation by those agents; second, make obtaining the licence needed for the performance …","paragraph_id":"para_792"},{"text":"–        Point (f) of the first subparagraph of Article 6(1) of the GDPR must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as those regulations provide for the disclosure and publication, by that federation, first, of any sanctions imposed on agents and their clients and, second, of the details of all transactions involving those agents.","paragraph_id":"para_793"},{"text":"Costs","paragraph_id":"para_794"},{"text":"385     Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national 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_795"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_796"},{"text":"Article 101 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as, first, the requirements contained in those regulations give rise to restrictions of competition, whether those restrictions are categori …","paragraph_id":"para_797"},{"text":"Article 102 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, where, first, that federation has binding rule-making power over a significant part of the relevant market and the requirements set out in those regul …","paragraph_id":"para_798"},{"text":"Article 56 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents by means of rules which, first, restrict multiple representation by those agents; second, make obtaining the licence needed for the performance of certa …","paragraph_id":"para_799"},{"text":"Point (f) of the first subparagraph of Article 6(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),","paragraph_id":"para_800"},{"text":"must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as those regulations provide for the disclosure and publication, by that federation, first, of any sanctions imposed on agents and their clients and, second, of the details of all transactions involving those agents.","paragraph_id":"para_801"},{"text":"[Signatures]","paragraph_id":"para_802"},{"text":"*       Language of the case: German.","paragraph_id":"para_803"}],"operative_part":"On those grounds, the Court (Fifth Chamber) hereby rules:\n\nArticle 101 TFEU must be interpreted as precluding regulations adopted by an international sports federation governing the activity of sports agents, in so far as, first, the requirements contained in those regulations give rise to restricti …","word_count":38962,"cites":["C-209/23","C-309/99","C-519/04","C-225/22","C-333/21","C-133/24","C-650/22","C-428/23","C-680/21","C-401/22","C-298/22","C-124/21","C-83/19","C-127/19","C-195/19","C-291/19","C-355/19","C-397/19","C-254/23","C-377/20","C-128/21","C-105/12","C-107/12","C-54/99","C-106/22","C-3/95","C-501/06","C-513/06","C-515/06","C-519/06","C-457/10","C-49/07","C-177/16","C-48/22","C-161/24","C-233/23","C-51/96","C-191/97","C-22/18","C-325/08","C-565/08","C-468/20","C-83/21","C-540/22","C-541/20","C-555/20","C-268/21","C-252/21","C-394/23","C-17/22","C-18/22","C-37/20","C-601/20","C-621/22","C-439/19"],"cited_by":[],"sha256":"1bdb58e8428cd84796c1bd264e22ce8dab21379fa55bd90a8cacd938af942e0d","source_url":"https://publications.europa.eu/resource/celex/62023CJ0209","fetched_at":"2026-09-28T06:30:18.969+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/m-l-c-209-23","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:m-l-c-209-23","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:m-l-c-209-23","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:m-l-c-209-23","verification":{"stored_sha256":"1bdb58e8428cd84796c1bd264e22ce8dab21379fa55bd90a8cacd938af942e0d","recomputed_sha256":"1bdb58e8428cd84796c1bd264e22ce8dab21379fa55bd90a8cacd938af942e0d","intact":true,"checked_at":"2026-10-24T19:42:56.152Z"}},"hash":"sha256:87a35ef905c373480c51adda7c1d94a3a953800cd342422c2d116d03fb58c8af","version":"legal-2026-10-24","expires":"2026-10-25T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-24+legal-2026-10-24+2026-10-24T16:40:06","content_hash":"sha256:87a35ef905c373480c51adda7c1d94a3a953800cd342422c2d116d03fb58c8af","revalidate_after":"2026-10-24T20:42:56.612Z","max_copy_age_seconds":3600,"policy":"revalidate-required; 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