Today, there is a debate about how far sport should be specifically taken into account in Community law. The sporting movement has spoken out in this regard, calling for the inclusion of an article on sport in the Treaty. In 1995 the European Court of Justice issued the Bosman judgment upholding the principle of the free movement of workers within the meaning of Article 39 of the EC Treaty as applied to professional football players within the European Union and the European Economic Area. The judgement states that when a contract with a footballer who is a national of a Member State expires, the club may not prevent the player from signing a new contract with another club in another Member State or agreeing to the payment of transfer fees. It should be noted that the Bosman judgment did not address the issue of early withdrawals from contracts or the application of competition rules to transfers.
Recognition of qualifications is another important aspect of the free movement of persons.
The differences between the Member States in the training they provide for athletes can be considerable, as can the conditions under which athletes work. In this area, Community law does not impose any harmonisation but recognises the primary responsibility of Member States to regulate and organise the sporting professions. The freedom to establish a club in another Member State is another important aspect of freedom of movement. This right was recently invoked, on the basis of Article 43 of the EC Treaty, by a number of football clubs wishing to establish their registered office in a Member State other than the one of origin, while continuing to play in the leagues of which they were members. In 2000, the issue of professional footballer transfers took on great importance.