ECJ: DFB rules on agents 'may fall within an exception' to cartel law

German Football Federation (DFB) regulations concerning player agents "may fall within an exception to the prohibition on cartels," the European Court of Justice (ECJ) has ruled.

The Luxembourg-based court said on Thursday that it will by up to the German Federal Court of Justice (BGH) to make a final decision whether such an exception is applicable.

Player agent Roger Wittmann and his Rogon company had taken the DFB to court in Germany over the regulations in which they have to register and submit to statutes by the DFB and world governing body FIFA.

Rogon alleged that such regulations violate cartel laws.

The ECJ has ruled in the past that exceptions by sports federations are possible as long as they ensure a fair sporting competition.

In this case, the BGH wanted to know from the ECJ whether this also applies to the DFB regulations. In a previous ruling by a Frankfurt district court the judges had sided with the DFB in some aspects and Rogon in others.

The BGH will make a final ruling, taking into account what the ECJ said.

"The Court holds that the exception in question may, under certain conditions, apply to regulations adopted by a sports federation which, like those at issue, whilst addressing its members, regulate the use of the services of third-party undertakings not belonging to that federation, such as players’ agents," the ECJ said.

"The fact that regulations adopted by an association such as the DFB produce some of their effects, not only with regard to its members, but also with regard to third party undertakings which maintain relations with those members, may prove to be necessary in order to pursue one or more legitimate objectives in the public interest which are not, in themselves, anticompetitive.

It said that it will be up to the BGH to decide whether "the DFB regulations fulfil all of the conditions for the application of the exception at issue.

"Those conditions need not necessarily be assessed in relation to each of the provisions of the regulations at issue, but in
relation to a set of provisions pursuing a distinct objective or producing a distinct effect," it said.

FIFA, the DFB and other bodies want to generate more transparency and control of the player agent market which continues to boom. FIFA said that agents raked in €1.37 billion last year.

Another ECJ ruling is expected next week in connection with a case against FIFA at a court in the German city of Mainz.