Free Movement of Athletes in the Sports Industry

Abstract

An enduring concern of a professional club, league or federation is the free movement of players and the effect that this can have for the quality of a com-petition and wage levels. This chapter describes the legal elements of the right of free movement under Article 45 TFEU and the right to provide services and establish in another Member State under Articles 49 and 56 TFEU respectively. Athletes have used these provisions to challenge working conditions that restrict their capacity to earn a living in another Member State. Professional sport is not excluded from the application of European law. Provided an athlete falls within the definition of worker—as that term is defined under European law—he or she has a right of free movement. The unique characteristics of the sports industry are taken into account when determining whether a measure that infringes free move-ment is justified under European law.