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Case C-325/08: Judgment of the Court (Grand Chamber) of 16 March 2010 (reference for a preliminary ruling from the Cour de cassation — France) — Olympique Lyonnais SASP v Olivier Bernard, Newcastle United FC (Article 39 EC — Freedom of movement for workers — Restriction — Professional football players — Obligation to sign the first professional contract with the club which provided the training — Player ordered to pay damages for infringement of that obligation — Justification — Objective of encouraging the recruitment and training of young professional players)
ECLI:EU:UNKNOWN:62008CA0325
62008CA0325
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22.5.2010
Official Journal of the European Union
C 134/4
(Case C-325/08) (<span class="super">1</span>)
(Article 39 EC - Freedom of movement for workers - Restriction - Professional football players - Obligation to sign the first professional contract with the club which provided the training - Player ordered to pay damages for infringement of that obligation - Justification - Objective of encouraging the recruitment and training of young professional players)
2010/C 134/05
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Olympique Lyonnais SASP
Defendant: Olivier Bernard, Newcastle United FC
Re:
Reference for a preliminary ruling — Cour de cassation (France) — Interpretation of Article 39 EC — National provision obliging a football player to pay compensation to the club which trained him when, at the end of his training period, he signs a professional contract with a club of another Member State — Barrier to the freedom of movement for workers — Possible justification of such a restriction in the need to encourage the recruitment and training of young professional players
Operative part of the judgment
Article 45 TFUE does not preclude a scheme which, in order to attain the objective of encouraging the recruitment and training of young players, guarantees compensation to the club which provided the training if, at the end of his training period, a young player signs a professional contract with a club in another Member State, provided that the scheme is suitable to ensure the attainment of that objective and does not go beyond what is necessary to attain it.
A scheme such as the one at issue in the main proceedings, under which a ‘joueur espoir’ who signs a professional contract with a club in another Member State at the end of his training period is liable to pay damages calculated in a way which is unrelated to the actual costs of the training, is not necessary to ensure the attainment of that objective.
* Language of the case: French.
OJ C 247, 27.9.2008.