The Court of Justice of the European Union ruled on 16 July 2026 on the fee cap for football agents, the ceiling FIFA places on their commission. FIFA calls the judgment a victory. The judgment itself is more cautious. The Court does not prohibit the fee cap, but does not approve it either. The German court must now decide the case further.
Where the fee cap comes from
FIFA approved the FIFA Football Agent Regulations on 16 December 2022. Article 15 imposes a cap on an agent’s fee. An agent representing the selling club receives a maximum of 10% of the transfer fee. An agent representing a player or the buying club receives a maximum of 5% of the remuneration up to 200,000 dollars, and 3% on the part above that. In the case of permitted dual representation, those percentages become 10% and 6%.
Agents around the world then went to court. FIFA itself suspended the fee cap on 30 December 2023. Our firm wrote an article on those proceedings in 2025 in the journal SEW: De fee cap voor voetbalagenten: een juridische marathon richting het Hof van Justitie van de EU. Legal scholarship considered the fee cap at the time to be contrary to competition law. Everyone was waiting for the Court.
What the Court does and does not do
The case is called RRC Sports and carries the number C-209/23. The Landgericht Mainz referred the question in March 2023. In such preliminary ruling proceedings, the Court does not settle the dispute itself. It interprets European law. The national court then applies that interpretation to the facts of the case.
The fee cap is not in itself a prohibited price agreement
The most serious charge under competition law is a restriction of competition ‘by object’. Whoever is found guilty of that is automatically in breach. The Court does not accept that charge for the fee cap. The reason lies in the form of the cap. It is not a fixed amount, but a percentage of the salary or of the transfer fee. An agent who does better work for a more expensive player therefore still earns more.
That is not an acquittal. The Court states expressly that the court in Mainz must still examine whether the fee cap restricts competition ‘by effect’. If that turns out to be the case, FIFA must show that the rule serves a legitimate aim and does not go further than necessary.
Two rules do not pass the test
Two other rules from the same regulations fare worse. The Court does see a restriction ‘by object’ there, again subject to review by the court in Mainz.
- The rule that takes away an agent’s not yet accrued commission when the player later moves to another club. That rule applies even if the agent played no role whatsoever in the new transfer. The Court calls that loss arbitrary.
- The rule that only allows an agent to approach a colleague’s client two months before the end of an exclusive contract. Agents who already have such a contract themselves do not need to wait out those two months. That advantage cannot be justified.
Dominant position, free movement of services and privacy
The Court finds that FIFA holds a dominant position, both on the market for agency services in international transfers and on the labour market for players and coaches. That position follows from FIFA’s regulatory and sanctioning power. Whether FIFA abuses that position is again for the court in Mainz to assess.
Four types of rules do constitute a restriction on the freedom to provide services: the restriction on multiple representation, the licensing condition concerning criminal and disciplinary measures, the substantive conditions for the licence, and the rules on approaching a new client. The fee cap is not on that list.
On data protection, the Court is clearest. A federation such as FIFA may not publish sanctions against agents or their clients. Nor may it disclose detailed information on all transactions.
Why FIFA’s press release does not tell the whole story
FIFA writes that the Court may consider the licensing requirement, the fee cap, the ban on multiple representation and pro rata payment, among others, to be justified. That is what it literally says. The Court only sets out the criteria, and the German court gives the answer. A rule that may be justified is not yet justified.
What this means in practice
For now, the fee cap remains suspended. FIFA is inviting agents to consultations, with a view to the new transfer system that enters into force on 1 January 2027. The proceedings in Mainz and Dortmund are meanwhile continuing. A definitive answer on the fee cap will therefore not come this year.
If you are a sports agent, player or club, take out your current representation agreement. Check which version of the FIFA rules it refers to. Set out in writing what happens to your commission if the cap returns or disappears for good. Do this before you sign, especially in the case of a transfer with an international dimension. The Court’s press release sets out the main lines of the judgment.
Further questions? Do not hesitate to contact us on 09/334.94.70, via the contact form or via sport@everest-law.be.