# French rules on players' agents : a brief overview

Marc Peltier, Bruno Quentin

► To cite this version:

Marc Peltier, Bruno Quentin. French rules on players' agents: a brief overview. World Sports Law Report, 2009, pp.11. hal-05021621

HAL Id: hal-05021621

https://hal.science/hal-05021621v1

Submitted on 4 Apr 2025

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# French rules on players' agents : a brief overview

Leaders from French rugby union top professional clubs (Top 14 and Pro D2) have recently been interviewed by the French police in a new case involving an unauthorised players' agent. A preliminary investigation was launched in Grasse in 2007 following an initial inquiry by the French Rugby Federation (FFR). The investigation pertains to the role of a former South African player who acted in the recruitment of players in 2005 and 2006 as an intermediary for a licensed agent.

At this stage, the clubs' administrators have been left without charges. The unauthorised agent has been charged with "illegal exercise of the profession by a non-licensed players' agent". The licensed agent, who happens to be a solicitor, has been charged with complicity.

These ongoing proceedings are a good opportunity of presenting some of French law's specificities as far as players' agents are concerned.

## A licence issued by a French sport federation is required for any agency activity

The exercise of the profession of players' agent in France is subject to both sports federations regulations and state legislation.

As far as the regulations of sports federations are concerned, IRB Regulation 5.1 provides that "each Union is responsible for the authorisation and regulation of Agents acting on behalf of its members (or Persons within its jurisdiction) and Agents operating under that Union's jurisdiction. Each Union shall establish appropriate regulations to govern and authorise the activity of Agents". According to FFR agents regulations, the FFR delivers a licence to any applicant who passes an examination which requires competency in French law, French tax procedures and the regulations of the FFR.

As far as state legislation is concerned and pursuant to Article L. 222-6 of the French Sports Code, a licence delivered by a French sport federation is necessary to step in, at any stage, the negotiations of a transfer agreement or a labour contract between a club and a player. There is no exemption such as those authorised by the FIFA, for instance. Pursuant to FIFA Players' Agents Regulations, the parents, siblings or spouse of the player may represent him in the negotiation or renegotiation of an employment contract without a licence. A legally authorised practising lawyer in compliance with the rules in force in his country of domicile may also represent a player or a club in the negotiation of a transfer or employment contract without a licence. Thus, under French law, solicitors are not allowed to act as a player agent without a licence. Furthermore, professional conduct rules probably prohibits French solicitors from agency activities, even with an appropriate licence, as they are not allowed to practise a commercial activity.

Acting for a club or a player without a licence in relation to any approach concerning or negotiation in relation to the transfer, employment of any player with a club is a criminal offence under French law. Offenders may receive up to one year in jail and a € 15,000 fine. This is exactly what the unauthorised agent faces in these ongoing proceedings.

## Is a foreign players' agent authorised to work in France ?

Taking this analysis even further, we may look into the situation of foreign players' agents in France. As a licence issued by a French sport federation is necessary, a players' agent registered in a foreign country is not be authorised to act in France and faces the same penalties than any other non-
licensed agent. The foreign players' agent will have to pass the French examination, in order to get a licence issued by a French sports federation.

The federation may exempt the foreign players' agent from the examination if he/she provides a licence issued by a sports federation within the European Union (EU) / European Economic Area (EEA). As far as rugby union is considered, it seems that the FFR refuses to exempt players' agents registered with the Rugby Football Union (RFU) from the examination. According to the FFR, a simple registration does not compare to a licence issued after a rigorous legal test. This being so, a players' agent registered with the RFU has no other choice than either passing the examination - up to now two British citizens have been awarded a French rugby agent's licence - or cooperating with a licensed French agent. Decisions made by the FFR to refuse such exemptions have been taken to French administrative courts on the ground that they may be contrary to community law. Rulings are expected quite soon.

A new legislative bill is currently discussed in Parliament on the profession of players' agent. Among all the proposals, new provisions may change the activity of foreign agents in France. EU/EEA nationals would be authorised to work in France if they are qualified to act as a players' agent in a country within the EU/EEA where the profession is regulated. If they are qualified to act as a players' agent in a country within the EU/EEA where the profession is not regulated, they would be authorised to work in France if they justify a full-time two year practise of the profession in an EU/EEA state in the previous ten years. Such agents would only have to register in advance with the French sport federation but they would not have to pass any examination. Any other natural person, ie any non EU/EEA national, would be authorised to carry out any agency activity for or on behalf of a Club or Player in a French transaction if he/she enters into an agreement with a licensed agent, the object of which would be the introduction of a player or a club interested in a transfer or a player's contract agreement.

These new provisions may encourage well-established foreign players' agents to work in France. Yet, if the Senate has already adopted the bill, the National Assembly still has to endorse it before it comes into force.

Bruno Quentin
Partner Gide Loyrette Nouel AARPI (Paris)
quentin@gide.com

Marc Peltier
Associate Gide Loyrette Nouel AARPI (Paris)
Director of the Sports Law Centre (ERMES research laboratory - University of Nice Sophia-Antipolis)
marc.peltier@gide.com