The Bosman Case and its consequences

(published in the daily SME)

Finally! The Union of European Football Associations (UEFA), in a letter sent to European Union officials in Brussels, has definitively confirmed the abolition of the existing transfer system and the limits on the number of foreign players in teams, including in European cup competitions. This marks progress compared to the decision of its Executive Committee two weeks ago in London.

Let’s recap the impact of Belgian footballer Jean-Marc Bosman’s victory in the case Bosman vs. UEFA before the European Court of Justice in Luxembourg last year. His ordeal, caused by a blocked transfer from Belgian club FC Liège to French club Dunkerque, led to the main demand: the removal of the "serf-like" transfer system. The European Court recognized his claim, and now there is no longer a transfer fee paid by a new club to the previous one when a player moves from one EU country to another or to one of the three associated countries (Norway, Iceland, and Liechtenstein). Since transfer fees are gone, the salaries of sought-after players will rise sharply—which naturally suits the players.

Big clubs can be satisfied. They will lure players whose contracts are expiring at smaller clubs. These clubs will tie their best players down with long-term deals - five- to ten-year contracts will become standard. Fans of big clubs are thrilled; the race for major international stars nearing the end of their contracts will intensify. There will be no shortage of excitement, backroom dealings, and gossip.

Small clubs, however, will face problems. Their best players will leave abroad without any transfer compensation, because these clubs won’t be able to afford long-term contracts. Investment in developing young talent will appear wasted. Another consequence of the Bosman case is the removal of any limit on the number of EU foreign players per team. In theory, AC Milan could field 11 foreigners, or Bayern Munich could play with the entire French national team. Several well-known players have recently expressed concern that removing the foreign player limit will mainly hurt well-paid average players, whose position will be threatened by this new openness.

One more point of interest: the European Court's ruling allows players to move without transfer fees between clubs in different EU countries, but not within the same country. So if a player from north London’s Arsenal wants to move for free to north London’s Tottenham, he would have to make a formal transfer to any EU country (for example, AIK Stockholm) and then immediately transfer back. Football federations are likely to protest against this kind of legal loophole, which could also open the door to corruption. The European Court of Justice will almost certainly have to rule on such a speculative tactic in the future, and it could become a landmark case in its own right. Jean-Marc Bosman and his lawyers have set off an avalanche—perhaps even greater than they ever intended. Naturally, the Bosman precedent will also apply to other comparable sports.