The FIFA Football Agent Regulations (FFAR) are facing legal challenges in the European courts. An Advocate General of the European Court of Justice is set to release an opinion on the FFAR, which, while not binding, could indicate the court's stance on the regulations' legality.
Ben Lasserson, a partner in Mishcon de Reya's Competition team, has been quoted in an article in City AM where he emphasises the importance of the opinion:
“Clearly, even though it is only an opinion rather than the final judgment of the court, this will still be hugely significant.
“If the court ultimately concludes that the FFAR are in breach of competition law, this would be a body blow to Fifa and could mean Fifa and the national football governing bodies would need to ‘rip up the rulebook’ and replace the FFAR with new rules that are compliant with EU law. Conversely, if the FFAR are found to be lawful, it is almost certain that football agents will continue to seek to challenge them albeit on different grounds. Given that the court judgment will almost certainly not be published ahead of the upcoming summer transfer window, the FFAR will in any event continue to apply over that period.”
Read the full article.