Court supports key elements of the FFAR and confirms FIFA’s regulatory authority in relation to football agents
Judgment provides important legal guidance to football stakeholders
Decision recognises agent regulation as an important element in FIFA’s modernisation of the football transfer system
FIFA welcomes today’s judgment handed down by the Court of Justice of the European Union concerning the FIFA Football Agent Regulations (FFAR). The judgment represents an important assessment by the European Union’s highest court of FIFA’s regulatory framework for football agents.
FIFA is particularly pleased that the court confirmed that key elements of the FFAR, i.e., rules such as the licensing requirement for agents, the service fee cap, the prohibition of multiple representation, the client pays rule and the pro rata payment rule, can be justified.
Emilio García Silvero, FIFA Chief Legal and Compliance Officer commented: “FIFA is satisfied that the court has acknowledged FIFA’s assessment of football agent activities and FIFA’s legitimate concerns related to those activities. FIFA also welcomes the court’s support of key rules within the FFAR, the recognition of FIFA’s authority and legitimacy to regulate agent activity within the football transfer system, as well as welcoming the guidance on how EU competition law applies to the FFAR.”
The FFAR are an important element of FIFA’s efforts to modernise football’s regulatory framework, to ensure the good functioning of the global transfer system, with a view to enhancing transparency, strengthening contractual stability and addressing conflicts of interest. The regulations were adopted following a broad consultation process involving agents, agent organisations, players, clubs, leagues, Member Associations and confederations.
“We will continue to carefully analyse the full judgment and its practical implications. In any event, and notwithstanding this positive development, we intend to invite agent representatives to a meeting in the coming weeks with the aim of reaching a consensual solution.
“With the new transfer system set to enter into force on 1 January 2027, we would like to replicate the consensus-based approach that was successfully adopted with players, clubs and leagues, while taking into account the important parameters established by this judgment,” said Emilio García Silvero.
The full text of the decision rendered by the Court of Justice of the European Union can be found here.
Further details on the FIFA Football Agent Regulations are available here.