Beyond the Bosman ruling : contractual disputes in football and the specific nature of sport in the European Union

Abstract

This thesis focuses primarily on the specific nature of sport through a variety of concepts and case-law. The starting point is the Bosman ruling and how this judgment not only shaped the future of Sports Law in Europe, but paved the way for other cases which were brought before the European Court of Justice. The thesis explores the history of Sport in Europe culminating in the Bosman ruling, its effects and the multitude of treaties and declarations that followed this case. The concepts of freedom of movement, eligibility restrictions and quotas are also delved into as well as the all important Transfer Rules which have always been amended to be brought further up to date with notions of EU Law. The controversial relationship between Competition Law and Sports is also explored and it is the author's intention to try and allow the reader to deduct whether a sporting exception is applicable to competition law vis-à-vis sports. Furthermore, the specific nature is also brought out through a select choice of cases brought before the Court of Arbitration for Sport (based in Switzerland) which pinpoint various contractual disputes between clubs and players with the Court of Arbitration for Sport appreciating but not fully accepting the specific nature of sport. A conclusion as to whether a sporting exception truly exists is debatable if not controversial since, it is the specific characteristics of this industry which distinguish sports from other forms of work in the European Union.