Bosman judgement spreads confusion in Europe’s soccer clubs

Date: 11/01/1996

By Fiona McHugh

JUST three weeks after the European Court of Justice ruled in favour of Belgian footballer Jean-Marc Bosman, signs of the revolution in European soccer predicted by many have already been spotted.

Within a week of the judgement, which found the current transfer system and a rule limiting the number of foreign players a team can field to three broke EU laws, UK team Manchester City made a point of using four foreigners in an inauspicious home game against Chelsea.

It was a big day for soccer if not for the UK team which, despite the extra pair of foreign legs, lost 1-0.

The new-found freedom to field countless foreigners is, however, unlikely to be tested in the forthcoming European Cup. UEFA's lawyers are insisting, much to the chagrin of national clubs, that the ruling does not apply to teams representing member states which, the body says, must continue to comply with the foreigners rule.

National clubs are already gearing up for a collision with their governing body at a meeting scheduled for next month, during which they plan to challenge its interpretation of the Bosman ruling.

It is impossible to predict the outcome of that meeting.

On the transfer front, play has been slow. Sports managers and legal experts are still scrambling to figure out the implications of a judgement which they claim is less than clear.

“The judgement is creating a lot of confusion. We are trying to work out exactly what it means but, believe me, that is not easy,” said one unhappy UEFA official.

At the centre of all the bewilderment is the question of whether or not the ruling should apply to national transfers as well as to cross-border ones. UEFA's lawyers believe it only refers to the latter, but Competition Commissioner Karel Van Miert disagrees.

Delays notwithstanding, some signs of change have already been seen. In Austria, football star Harald Cerny's switch from Innsbruck to a German team, which was due to take place in December, has been put on ice. The German team has decided to 'rent' the Austrian until his contract expires in June, and so avoid paying the huge fee negotiated with Innsbruck.

Bosman secured himself a place in soccer history last month by successfully challenging football's authorities in court. Supporting Bosman's claim, the European judges said that the foreigners rule and the current system which allows clubs to charge transfer fees restrict players' rights to move freely within the Union.

UEFA greeted the verdict with dismay, saying it would lead to a bankruptcy of talent and of small clubs, which have traditionally survived by breeding young players for sale to big clubs.