Until the Court of Justice of the European Union issues a ruling, agents and representatives of players with a Spanish license will be able to continue charging commissions without the maximum limit of 10% imposed by FIFA in its new regulations, which came into force on December 1. October. This has been ruled by a commercial court in Madrid when granting the precautionary measures requested by a group of 18 Spanish representation agencies on the grounds that the new FIFA regulations violate competition laws and European law. The CJEU is expected to issue its opinion within a period of between 12 and 15 months.
In December 2021, FIFA ordered a limitation on commissions for footballer agents. In the order, to which EL PAÍS has had access, the judge considers that this rule restricts “competition without any reasonable justification.” The judge also considers that it constitutes a violation of article 101 of the Treaty on the Functioning of the European Union (which regulates competition in the internal market) and article 1 of the Law on the Defense of Competition “by constituting what he calls a cartel.” purchase that sets a maximum acquisition price; as well as a violation of said precepts due to their effects, by entailing a drastic reduction in the remuneration of agents, especially affecting those of medium and small size, as well as the possibilities of competition between agents.
The new FIFA regulations put the large footballer representation agencies, most of them European, on a war footing. There were several lawsuits open in Europe regarding the rule and it has been in Spain, and recently in Germany, where their respective courts have issued precautionary measures. In the United Kingdom, the Netherlands or France, precautionary measures have not been granted. The European Commission, always according to FIFA, has already submitted a report ensuring that the rule is legal, but the one that has the binding decision is the Court of Justice of the European Union. While this is resolved, agents with a Spanish and German license will work without the maximum limit set by FIFA a year and a half ago.
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