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모든 판례
Sports Law
Court of Justice of the European Communities
1995

Union Royale Belge des Sociétés de Football Association ASBL v Bosman

Case C-415/93 [1995] ECR I-4921

판결 이유

Rules requiring transfer fees for out-of-contract players, and rules limiting the number of EU nationals a club may field, constitute restrictions on the free movement of workers contrary to what is now Article 45 TFEU.

사실관계

Jean-Marc Bosman, a Belgian footballer, was prevented from moving to a French club when his contract expired because his club demanded a transfer fee the French club would not pay. Bosman challenged the transfer system and nationality quotas under EU law.

판결 요약

The CJEU held that requiring transfer fees for out-of-contract players was a restriction on free movement of workers that could not be justified. Nationality quotas limiting the number of EU players a club could field were also unlawful.

주요 인용문

"Article 48 of the Treaty precludes the application of rules which require transfer fees to be paid where a player whose contract has expired moves to a club in another Member State."

Court of Justice

후속 처리

Followed

Transformed European football by ending the transfer fee system for out-of-contract players.

Extended

Applied to other sports in subsequent cases (e.g., Lehtonen on basketball).

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