Charleroi v. FIFA

The EU Post Oulmers

Next to the interesting Article by Professor Douglas-Scott mentioned in my
previous post, there also a book review in the June issue of the Common Market Law Review which is certainly worth reading.

The review discusses
Stefaan van den Bogaert’s book “Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman” and is written by Gareth Davies.

Although Davies regrets the omission of discussion of competition law, the book is overall described as “clear, authoritative, and complete”.

If this qualifies for a second edition, the book well certainly have to mention the case referred to the European Court of Justice last week by a Belgian court, the impact of which could very will be similar to Bosman.

The Tribunal de Commerce de Charleroi asks whether clubs can claim compensation for a player injured on international duty.

More specifically, it asks whether the current FIFA Regulations for the Status and Transfer of Players (pdf) are compatible with Articles 39, 49, 81 and 82 EC.

The Belgian club Charleroi, which is supported by the G14, brought the case against FIFA seeking compensation for the loss of their midfielder Abdelmajid Oulmers. Oulmers was injured playing for Morocco in November 2004 and subsequently sidelined for eight months.

Text of judgment of Tribunal de Commerce (pdf)
Text of Bookreview (requires access to Kluwer).
Text of Case C–415/93, Bosman, [1995] ECR- 4921