FIFA defends itself against criticism of the CAS verdict

FIFA defends itself against criticism of the CAS verdict

Because they had, for example, in the person of the lawyer Dr. Gregor Reiter, who represents the European Advisory Association EFAA and is also a member of the FIFA expert group, reports to the “FIFA agent working group”, the Court of Arbitration for Sport CAS and the World Association of Intransparency because there was no public hearing. Now Dr. Jan Kleiner, Director of Football Regulatory at the world association, on the other hand: “What FIFA wants to avoid because it is neither in the interests of the clubs, advisors or players is a patchwork quilt. We therefore see the CAS as the right authority because it is a globally recognized, independent sports arbitration tribunal. Whether a hearing is held in public doesn’t change that. Maximum transparency was and is important to FIFA and we have that because FIFA has always demanded that the verdict be published in full immediately after the verdict.”

Reiter had also heavily criticized the content of the judgment, for example because FIFA admitted a restriction of competition in the presentation, although the CAS panel had previously stated that the plaintiff, the PROFAA association of consultants, which was only founded in 2020, had not been able to prove such a restriction. Other experts such as sports and antitrust law expert Dr. Martin Stopper defended the judgment according to which CAS considers the regulations to be compatible with competition law.

Criticism was also sparked at PROFAA. Because really important and correspondingly high-revenue consulting agencies do not seem to be represented in this organization, unlike, for example, in the EFAA, which also wrote a protest note against FIFA and CAS. FIFA lawyer Kleiner, on the other hand, emphasizes: “Ultimately it is difficult to say whether a certain organization represents all agents worldwide. But that is up to the agents. PROFAA is a recognized, international agent organization and it has FIFA in the process by no means easy in front of the CAS – on the contrary.”

The main proceedings before the Düsseldorf Higher Regional Court are eagerly awaited

The main proceedings before the Düsseldorf Higher Regional Court, where FIFA appealed after the Dortmund Regional Court (LG) overturned the regulations with a temporary injunction, are eagerly awaited. To a certain extent at the same time, the LG Mainz submitted questions to the European Court of Justice (ECJ) in Luxembourg for clarification at European level. This is a matter of many millions of euros. Because FIFA would like to limit the salary for agents to three or six percent of transfer fees and salaries. According to estimates, more than one billion euros flows into the player consultancy industry worldwide every year.


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