FIFA’s Post

🚨Major Setback for FIFA: Brazilian Court Suspends New Football Agent Regulations 🇧🇷 📣 In a landmark decision, the 7th Civil Court of the Barra da Tijuca Regional Court in Rio de Janeiro, Brazil, has delivered a significant decision to FIFA’s efforts to enforce standardized football agent regulations worldwide. The court’s ruling, dated December 18, 2023, effectively suspends the implementation of the Football Agents Regulations, which had been adopted by the Brazilian Football Confederation (CBF) in compliance with FIFA’s global guidelines. ⚽️ The court found that the Football Agents Regulations, intended to align Brazil’s football agent practices with FIFA’s Football Agent Regulations (FFAR), were in conflict with national Brazilian laws. This suspension represents a major disruption to FIFA’s strategy to standardize football agent practices across its member nations. 🇬🇧 This decision in Brazil closely follows a similar ruling in England, marking another setback for FIFA in a matter of days.

FIFA Celebrates Landmark Court Ruling on Football Agent Regulations ⚖️⚽️   The ruling of the Court of Arbitration for Sport (CAS), published earlier this week, has confirmed that the FIFA Football Agent Regulations (FFAR) are both legal and fair. The Regulations are a crucial step in FIFA's reformation of the football transfer system, which aims to modernise and regulate the work of football agents involved in player transfers.   An independent panel of experts conducted the first thorough legal assessment of the FIFA Football Agent Regulations after an extensive consultation period with a number of interested parties, including players and clubs. FIFA's regulatory authority over football agents in the transfer system has been reaffirmed, along with the validity of key FFAR provisions such as:   👤 A cap on agent service fees ⚖️ Prohibition on multiple representation 🤝 Requirement for fully licensed football agents   FIFA states the FFAR are designed to uphold ethical standards, keep contracts stable and protect the players and the game.   FIFA has stated that it hopes this ruling will provide legal reassurance to all football stakeholders regarding the integrity of the football agent regulatory framework, addressing ongoing disputes. The new rules will come into full force on 1st October 2023.   This decision marks a significant milestone in FIFA's pursuit of a more transparent and efficient football transfer system.   #FootballRegulations #FIFAreform #CASRuling

FIFA’s agent regulation has caused quite a stir among stakeholders, and was challenged in several major football nations, such as Germany and Spain. FIFA reacted with a circular suspending the challenged parts of the regulation. Partner Dr. Sven Wassmer has analysed and contextualised the decision on our blog: https://lnkd.in/dB8nUASJ #sportslaw #fifaagent #transfermarket #feecap #competitionlaw

#CAS leading cases in 2023 An Argentinian coach and a Brazilian football club opt for Brazilian law to govern their contractual relationship. However, when a dispute arises and the case is referred to the CAS appeal division, the question arises: what law will CAS apply to the case? CAS decides to apply #FIFA_Regulations rather than Brazilian law. The rationale behind this decision: "The Panel invoked the hierarchical structure outlined in Article R58 CAS Code, placing the FIFA Regulations at the forefront. Despite the explicit choice of Brazilian law by the parties, the Panel determined that the CAS Code’s hierarchy favoured the application of FIFA Regulations and Swiss Law, emphasizing the significance of lex sportiva in ensuring uniformity and equality in global football disputes." This decision aligns with established jurisprudence from FIFA tribunal and CAS, where similar cases have seen FIFA Regulations take precedence over explicitly chosen #national_laws. Despite parties specifying a particular national law applicable to a dispute, FIFA DRC, FIFA PSC, and CAS panels have consistently prioritized FIFA regulations based on the aforementioned reasoning. The case cited above represents one of the latest decisions made by CAS, with a summary provided in the CAS & Football annual report for 2023 (CAS 2023/A/9441 Santos Futebol Clube v. Fabian Daniel Bustos - Awarded on December 14, 2023). #Sportslaw #Footballlaw

With the recent chaos created at the FIFA Agent Exams and the ongoing legal battle of Football Agents and FIFA, i thought it would be a good time to talk about my dissertation on the new FFAR, a research project that was submitted in part fullfilment for my MSc Football Business degree at UCFB. My aim was to provide information on the different eras of agent regulations and how the their power in the football industry is shifting through the years to try and understand why did this new regulatory framework emerge and if FIFA's intentions were genuine. After interviewing Greek agents and asking them about their views on the new FFAR, the results were mixed. Some of them believed that this is nothing but a money grab attempt from FIFA and a chance to gain more control in the market. Others believe that the new framework is a step in the right direction to separate the proffesionals from the pretenders and those you operate in bad faith. When it comes to the cap on commision 100% of the Greek agents thought that it is unfair and it will force agents to accept payments in other ways (under the table), the primary reason that made FIFA enforce this rule. After reviewing the existing literature and talking with fotball proffesionals, i think that the new FFAR is a good step towards leveling the playing field in the transfer market but it needs a lot of work. I don't believe the cap on commision is just on agents and it will completely hinder the smaller agencies as they will not be able to compete. Some of them will be bought out from the 'Big boys' and others will cease to exist leaving a lot of lower level players without representation. If FIFA wants to control the transfer market, it needs to sit down with the agents and the National Associatons to find a solution that will consider all the stakeholders involved. I would like to thank my research Supervisor Dr Alexander Chrysanthou for his help and to all the Greek agents that provided me with valuable information and their precious time. I can't provide their names due to privacy reasons and policy restrictions. #FIFA #FootballAgents #Dissertation #FFAR

FIFA reports on Clubs spending on international transfer fees reached an all-time record in 2023 USD 9.63 billion spent on international transfer fees, an increase of 48.1% compared to 2022, according to Global Transfer Report. 2023 also saw a new all-time high number of transfers with a transfer fee (3,279), 14.7% more than in 2022 Women’s football continues to grow, with international transfers increasing by more than 20% compared to 2022.

Football agents in England have secured a partial victory in the challenge against FIFA's service fee cap. The detailed decision is yet to be published, but the arbitration panel determined that parts of FIFA's National Football Agent Regulations violate competition law. The Football Association now faces a crucial decision: revise the National Football Agent Regulations (NFAR) to comply with the law or suspend it and pass the matter back to FIFA. The setback may prompt FIFA to reassess its stance. Ronak Khujneri explains👉 https://ow.ly/ahqi50QfZQv #Sport | #DisputeResolution | #Arbitration | #FIFA

🚨 FIFA's Agent Regulations Face Another Setback in the UK 🚨 Agents in the UK have secured an injunction against FIFA, dealing a significant blow to the implementation of the Football Agent Regulations (FFAR) within the country. These regulations introduced a mandatory licensing system, restrictions on multiple representation, and notably, a contentious cap on agent fees. 📝⚽💼 Initially rolled out in January on a transitional basis, FFAR stipulated a deadline of October 1st for stakeholders to exclusively engage licensed agents. However, a collective effort by UK agents to challenge these reforms has now resulted in an arbitral award that compels FIFA to reevaluate their approach. 🗓️🤝🔍 With this ruling, four of Europe's major football leagues—Spain, Germany, France, and now the UK—are operating under similar restrictions, while Italy is also undergoing ongoing actions in this regard. 🇪🇺🇬🇧⚖️ Reports suggest FIFA will explore avenues for appeal, although the scope for challenging an arbitral award is relatively limited and usually pertains to legal errors. 🤔⚽🏛️ This latest development underscores the ongoing tension between FIFA's regulatory initiatives and the interests of football agents. Stay tuned for further updates as FIFA navigates this setback and potential next steps. 📰🔄👀 #FIFARegulations #FootballAgents #UKFootball #SportsLaw #ArbitralAward #RegulatoryChallenges #FootballIndustry #SportsBusiness 🌐⚽📜

🚨 BREAKING NEWS: Will FIFA be Considering Lifting Football Agent Service Fee Cap Amid Ongoing Court Battles?!? 🚨 🔒 Exclusive insights into the evolving landscape of football agency regulations! The Football Agent Working Group, convened by FIFA as the pivotal advisory body for matters concerning football agency affairs, is set to meet in Jeddah, coinciding with the FIFA World Club Cup. Recent setbacks in court cases regarding the FFAR have sparked rumours around potentially lifting the service fee cap for football agents across Europe. 🌍⚽️ In the wake of several legal battles lost by FIFA related to the FFAR, the latest blow came as The Düsseldorf Higher Regional Court dismissed FIFA's appeal against a hefty fine imposed by the Dortmund Regional Court. This significant decision is rooted in a legal dispute concerning proposed limitations for players' agents within the FFAR framework. Notably, a prior ruling in May favored agents by prohibiting a submission declaration demanded by FIFA, leading to FIFA's subsequent appeal. The main case is slated for a pivotal hearing on January 24 next year. 📜⚖️ Further complicating matters, the German Football Association (DFB) faced a similar verdict from the Dortmund Regional Court, culminating in an ordered fine of an equivalent amount, prompting the DFB to declare an intention to appeal. Currently, a ruling from the Düsseldorf Higher Regional Court on the DFB's case remains pending. 🇩🇪 This development marks a turning point in the FFAR narrative, hinting at potential shifts in regulatory measures impacting football agents. Is this the beginning of the end for the FFAR? 🤔⚽️ Stay tuned for more exclusive updates on the unfolding dynamics in football agency regulations! 📰✨ #FFAR #FootballAgents #SportsLaw #RegulatoryChanges #SoccerIndustry #SportsBusiness

The first day of the FIFA 2024 Annual Football Law Conference was notable for the high standard of the presentations. The main focus was on a general analysis of the international football regulatory landscape, such as regulatory developments for 2023, draft regulations for 2024 and practical advice on football transfers (transfer price, sell-on clauses, penalty clauses, etc.). The first year of the FIFA Clearing House was also reviewed, as well as an introduction to the disciplinary system in English football. Finally, the fundamental role of the economic-financial sustainability rules of European clubs was highlighted and an analysis of the current state of play of the procedures related to the new FIFA agents regulation was presented. Below are some notes related to all the topics discussed on the first day of the event. #Sportslaw #Footballlaw #FIFA #FIFAFLAR