{"id":4163,"date":"2026-07-10T08:28:07","date_gmt":"2026-07-10T08:28:07","guid":{"rendered":"https:\/\/www.himnus.com\/?p=4163"},"modified":"2026-07-10T08:41:19","modified_gmt":"2026-07-10T08:41:19","slug":"cjeu-judgment-fifa-ffar-cap-comissions","status":"publish","type":"post","link":"https:\/\/www.himnus.com\/en\/cjeu-judgment-fifa-ffar-cap-comissions\/","title":{"rendered":"Analysis of the CJEU Judgment on the FIFA Football Agent Regulations (Case C-428\/23)"},"content":{"rendered":"\n

On 9 July 2026, the Court of Justice of the European Union (CJEU) delivered its Judgment in ROGON (Case C-428\/23)<\/a><\/strong>, a landmark ruling that marks a turning point in the regulation of football agents.<\/p>\n\n\n\n

The case originated from a request for a preliminary ruling submitted by the German Federal Court of Justiceconcerning the regulations of the German Football Association (DFB) and their compatibility with the Treaty on the Functioning of the European Union (TFEU).<\/p>\n\n\n\n

Although the judgment concerns the DFB Regulations, it has direct implications for the FIFA Football Agent Regulations (FFAR)<\/a> and the wider professional football ecosystem.<\/p>\n\n\n\n

<\/p>\n\n\n\n

What did the CJEU actually decide?<\/strong><\/p>\n\n\n\n

The Court held that rules adopted by sports federations regulating the activities of third parties (such as football agents) fall within the scope of EU competition law, in particular Article 101 TFEU.<\/p>\n\n\n\n

However, it also clarified that such restrictions may be lawful provided they satisfy a proportionality test<\/strong>. As the Court stated:<\/p>\n\n\n\n

“The exception established by the Court of Justice for restrictions pursuing a legitimate public interest objective may, under certain conditions, apply to rules adopted by a sports federation which, by addressing its members, regulate the use of the services of third-party undertakings.”<\/em><\/p>\n\n\n\n

In other words, the CJEU did not invalidate the DFB Regulations<\/strong>. Instead, it held that each restrictive provision must:<\/p>\n\n\n\n

(i) pursue a legitimate objective (such as preserving the integrity of competitions, protecting minors, ensuring transparency, etc.);<\/p>\n\n\n\n

(ii) be suitable, necessary and proportionate in the strict sense; and<\/p>\n\n\n\n

(iii) constitute the least restrictive means of achieving that objective.<\/p>\n\n\n\n

<\/p>\n\n\n\n

Does the FIFA Football Agent Regulations remain valid?<\/strong><\/p>\n\n\n\n

The judgment neither examines nor declares the FFAR to be valid or invalid<\/strong>. It concerns only the DFB Regulations, although the Court acknowledges that the DFB is subject to FIFA’s regulatory framework.<\/p>\n\n\n\n

That said, the validity of similar rules is now effectively conditional, as national courts will have to assess whether specific provisions satisfy the requirements of necessity and proportionality.<\/p>\n\n\n\n

In the present case, the CJEU expressly leaves that assessment to the German court, stating:<\/p>\n\n\n\n

“It is for the Federal Court of Justice to determine whether the DFB rules at issue satisfy all the conditions for the application of the exception concerned.”<\/em><\/p>\n\n\n\n

Accordingly, the FFAR remains in force<\/strong>, but their compatibility with Article 101 TFEU will need to be assessed on a case-by-case basis by applying the same test of legitimate objective, necessity and proportionality.<\/p>\n\n\n\n

<\/p>\n\n\n\n

What happens to the commission cap?<\/strong><\/p>\n\n\n\n

The commission cap has neither been upheld nor struck down by this judgment<\/strong>. However, its legal position has been significantly weakened.<\/p>\n\n\n\n

For such restrictions to survive judicial scrutiny, the relevant federation will have to demonstrate that no less restrictive measure<\/strong> is capable of achieving the same legitimate objective.<\/p>\n\n\n\n

If the federation cannot substantiate, with evidence and objective analysis, that the commission cap is strictly necessary to protect the football ecosystem, the restriction could ultimately be regarded as an anti-competitive practice prohibited under Article 101 TFEU.<\/p>\n\n\n\n

<\/p>\n\n\n\n

How should clubs and football agents respond?<\/strong><\/p>\n\n\n\n