Prodi scores ‘equalizing’ goal for soccer giants in FIFA clash

By Peter Chapman

Date: 13/05/04

European Commission President Romano Prodi, has given a massive boost to big soccer clubs battling the sport's governing body FIFA - by declaring key rules of the Swiss-based body illegal.

The Italian has delivered a damning verdict on FIFA's statutes that force clubs to accept its rulings or those of a special sports arbitration court in Lausanne - and prevent clubs from challenging these decisions via national courts or authorities on pain of severe fines.

G14, the group of rich clubs including Manchester United and Real Madrid, said Prodi's comments would hand it carte blanche to wage legal battles with FIFA over the release of players for international duty - including a complaint to the Commission planned for later this year.

The clubs want FIFA - which currently pays them nothing - to grant them compensation for the use of their players when they are called up for international duty, often for weeks at a time and during crucial parts of the season.

The football giants also claim the right to have a say when tournaments and fixtures are arranged.

The clubs have already risked the wrath of FIFA by lodging a complaint with the Swiss Commission for Competition and writing to the federation telling them that they do not recognize the rule that prevents them from launching legal challenges.

Geneviève Berti, communications director of G14, said the major clubs, spurred on by Prodi's statement, are set to launch another complaint with the competition directorate-general after the new Commission takes over on 1 November.

"This gives us a piece of written evidence showing that we are right not to recognise these provisions - and that we have the full right to apply to the Swiss [authorities] and European Commission.

"We are European companies working almost exclusively in EU territory. It would not be logical just to seek recourse with the Swiss and not to plan any action with the European Commission."

Berti insisted that FIFA's rules on international players are a "clear abuse of dominant position".

In a statement seen by this newspaper, Prodi said: "A rule which prohibits recourse to national courts and imposes compulsory arbitration prima facie infringes the principle of freedom of access to employment.

"The existence of a right to appeal to the courts from a decision of a national authority denying an individual free access to employment is essential if this fundamental right is to be effectively protected," he said.

Moreover, Prodi added that such rules are contrary to the EC Treaty, "as much as the denial of access to the courts may facilitate anti-competitive agreements or conduct".

FIFA said it was unable to comment before European Voice went to press.

Despite Prodi's comments, Amelia Torres, spokeswoman for competition chief Mario Monti, refused to give any encouragement to G14.

"At first sight the rule would appear to be a sporting one that benefits both the public and the clubs whose players gain greater notoriety by playing in the national team," she said.

However, she stressed that DG Competition could only make up its mind once it received a formal complaint.

The President of the European Commission, Romano Prodi, says that key rules of FIFA, football's governing body, are illegal. Some of FIFA's statutes prevent clubs from challenging decisions in national courts or authorities because of the threat of huge fines.

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