Bosman ruling
As Bosman ruling (also known as the Bosman ruling ) was a decision of the European Court of Justice (ECJ ) known from 1995, which states, firstly, that professional football players change in the European Union after the end of the contract free transfer to another club may, on the other hand, the existing restrictions for foreigners in European sport brought down.
Decision history
Trigger for the decision of the underlying action for damages was a Belgian professional footballer Jean -Marc Bosman, according overestimated transfer fee his employer RFC Liege, saw through the limitation of free movement of workers to Bosman.
Bosman handed first against his club and the Belgian Football Association brought an action for damages. In November 1990, a Belgian court ruled, could Bosman free transfer to the French second division USL Dunkerque change. The Belgian Football Association appealed against that judgment. In the appeal trial, the judges confirmed on 15 December 1990 transfer floating exchange Bosmans. At the same time, the Court called upon the European Court of Justice, to create a uniform system for the free movement of labor within Europe.
Although the European Football Union UEFA initially challenged the jurisdiction of the ECJ in matters of football, began in June 1995 in Luxembourg, the hearing on the claims of Jean -Marc Bosman. The UEFA tried to influence with an open letter of protest the verdict for its own benefit, with the support of the world football governing body FIFA.
The ECJ precipitated on 15 December 1995 (ECJ C-415/93 RS, ECR 1995, I- 4921 ) the decision that professional footballers in Europe regular employees within the meaning of the EC Treaty (since 1 December 2009, TFEU) and was therefore the there (esp. Article 45 TFEU, ex -Art. 39 EC) enshrined freedom of movement not only for government (ie state ) applies to the action but extends also to rules of any other nature aimed for the collective regulation of labor. However, it must be a case of collective action arrangements, ie those which govern a specific area exhaustive and comparable to a state law.
The Court banned all demands for payment of a transfer fee for the transfer of a player from one EU country to another according to the contract. Also applicable in some countries foreigners arrangements whereby only a certain number of foreigners in a team could be used, were - where players from the EU countries were affected - invalidated.
It was not until nine years after the trial started Bosman got around 780,000 euro compensation for his early career end awarded.
Effects
The Bosman ruling has an impact not only in football, it also relates to the immigration control of all other sports. The clubs in the German Football League may use any number of foreigners from all over the world since start of the season 2006/2007.
Counter-arguments of the sports associations
Many sports organizations tried to argue as follows, it would concern not the Bosman ruling:
- Sports clubs are not businesses.
The Luxembourg judges have however demonstrated that a professional club is quite comparable with a company.
- Local players have to be protected against too many foreigners.
This rejected the Luxembourg judges, since there are no restrictions for the player's bet within a Member State.
The Bosman ruling in amateur sport
The Bosman ruling had been no impact on amateur sports, as the Treaty on the Functioning of the European Union on the basis of the Bosman ruling (Article 45) is based, does not apply to sports or the like with a cultural context will (Article 167 ), as long as no economic activity within the meaning of Article 2 means d.
Related cases
By Balog rating in 1998 and the Kolpak Decision 2003 expands the ECJ 's decision in part on athletes from the EC and EU Associated States.
In 2000, the German Table Tennis Association DTTB tried to promote German youth players. After the opening of the borders traveled many foreigners, especially from Eastern Europe, mainly in border areas (eg Bavaria ) in order to play for comparatively little money, even in lower class clubs. This has led many experts to the fact that reduced the development opportunities for young German players as many teams just yet made foreigners. Be the number of reported German players at least " Team nominal thickness minus two " From the season 2000/2001 has for the classes below the first Bundesliga: the DTTB in June 2000 following rules therefore decided. When the dot games, for example, denied a six- team, then at least four German must be reported. It is up to the clubs, whether and how many German they actually use in a team fight. As German Active apply with German citizenship and aliens who have their first eligibility to play in Germany was granted.
Against these alleged " discrimination" against foreigners accused of Austrians Alberto Amman, who played for the Saxon Regional Association TTC hurry castle. This action gave the federal court in the first place DTTB. It referred to the European Sports Charter of 1992, which specifies for athletes from the EU: discrimination on grounds of nationality shall not give access to sports facilities or sports activities. In August 2001 the Federal Court dismissed the action, however, rejected under the direction of Eckart Fleischmann.