FIFA has welcomed a landmark ruling by the Court of Justice of the European Union (CJEU), describing the judgment as a significant endorsement of its authority to regulate football agents and an important step in modernising the global transfer system.
The world football governing body said the decision supports several core provisions of the FIFA Football Agent Regulations (FFAR), including the requirement for agents to obtain a licence, limits on service fees, restrictions on multiple representation, the client pays principle and the pro rata payment rule.
The ruling comes after a prolonged legal dispute over the FFAR, which were introduced by FIFA to increase transparency, improve integrity in player transfers and curb practices considered detrimental to the football transfer market. Several agents and representative bodies had challenged aspects of the regulations, arguing that they infringed European Union competition law and restricted the freedom to provide services.
While the CJEU did not declare every aspect of the regulations automatically lawful, it clarified that such rules can be justified where they pursue legitimate objectives in the public interest and are proportionate. The judgment also provides guidance to national courts on how to assess the compatibility of the regulations with EU competition rules.
FIFA believes the judgment strengthens its efforts to create a more transparent and accountable transfer system while reinforcing its role as the sport’s global regulator.
Court Recognises FIFA’s Regulatory Authority
Reacting to the judgment, FIFA Chief Legal and Compliance Officer Emilio García Silvero said the organisation was encouraged by the court’s findings and the legal clarity provided by Europe’s highest court.
“FIFA is satisfied that the court has acknowledged FIFA’s assessment of football agent activities and FIFA’s legitimate concerns related to those activities.”
Emilio García Silvero, FIFA Chief Legal and Compliance Officer
He added that the organisation also welcomed the court’s backing of several key provisions within the FFAR. “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 judgment is regarded as a major development because it recognises that sports governing bodies may introduce regulations that restrict commercial activity if they are necessary to protect the integrity, fairness and proper functioning of their competitions and regulatory systems.
Key Regulations Receive Judicial Support
Among the provisions receiving judicial backing is the licensing requirement, which obliges football agents to pass an examination and comply with professional standards before representing players or clubs.
The service fee cap, another heavily debated measure, was introduced to limit the commissions agents can charge in transfer deals. FIFA has argued that the measure helps prevent excessive payments and reduces financial inequalities within the transfer market.
The court also recognised the legitimacy of restrictions on multiple representation, a rule designed to minimise conflicts of interest by preventing agents from simultaneously representing multiple parties involved in the same transaction under certain circumstances.
Similarly, the client pays rule and the pro rata payment rule were viewed as measures capable of promoting greater financial transparency and contractual stability within international football transfers.
Modernising The Global Transfer System
FIFA maintains that the FFAR form a central pillar of its wider reform agenda aimed at improving governance across world football.
The regulations were developed following extensive consultations involving football agents, players, clubs, leagues, member associations and continental confederations.
According to FIFA, the reforms seek to improve transparency in transfer transactions, strengthen contractual stability between clubs and players, enhance professional standards among agents and reduce conflicts of interest that have long been associated with the transfer market.
The governing body has consistently argued that football’s transfer system requires stronger oversight to protect players, clubs and the wider integrity of the sport.
FIFA Seeks Consensus Ahead Of New Transfer System
Despite expressing satisfaction with the ruling, FIFA indicated that it would continue reviewing the full judgment before determining its next steps.
Emilio García Silvero stressed that dialogue with stakeholders would remain a priority as the organisation works towards implementing its broader transfer reforms.
“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.”
Emilio García Silvero
He added that FIFA hopes to build on the collaborative approach previously adopted with players, clubs and leagues. “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.”
The judgment is expected to influence future legal proceedings involving football agent regulations across Europe while providing national courts with a framework for assessing the legality of FIFA’s rules.
For FIFA, the ruling represents an important legal milestone as it continues pursuing reforms intended to make the global transfer market more transparent, accountable and sustainable.
