CELEX: 62008CA0325
Language: en
Date: 2010-03-16 00:00:00
Title: 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)

22.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 134/4
            
         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
   (Case C-325/08) (1)
   
   (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
   
   Cour de cassation
   
      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.
   
      (1)  OJ C 247, 27.9.2008.