Three Football Cases Before the CJEU – Is the Tide Turning Slightly in Favour of Sports Governing Bodies?

In this article for White & Case authors Jasper Wauters, Dr. Assimakis Komninos & Nikolas Hertel discuss three recent rulings from the Court of Justice of the European Union (CJEU) that further define how EU competition law, free movement rules and fundamental rights apply to sports governance. The decisions in ROGON, RRC Sports and CONI build on earlier landmark judgments and reinforce that sports federations are not exempt from EU law simply because they regulate sporting activities.

The authors explain that in ROGON and RRC Sports, the CJEU confirmed that regulations governing football agents fall within the scope of EU competition law. While the Court recognized that governing bodies such as FIFA may pursue legitimate public-interest objectives, it also made clear that restrictions must be necessary, proportionate and consistently applied. Several FIFA Football Agent Regulations were upheld, but others—including certain no-approach, remuneration and transparency provisions—were found to raise competition or data protection concerns.

Turning to CONI, the article examines the CJEU’s assessment of disciplinary sanctions imposed on former Juventus executives. The Court held that sports associations may impose sanctions to safeguard the integrity of competitions, provided the rules pursue legitimate non-economic objectives and rely on transparent, objective and proportionate criteria. It also emphasized that disciplinary decisions affecting professional activity must remain subject to meaningful judicial review under EU law.

The authors argue that these judgments mark a more balanced phase in the relationship between EU law and sports governance. While the CJEU continues to require compliance with competition, free movement and fundamental rights principles, it has also shown greater willingness to recognize legitimate regulatory objectives pursued by sports bodies, offering clearer guidance on how sporting regulations can coexist with EU legal requirements…

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