The case CAS 2008/A/1485 FC Midtjylland A/S v. FIFA, decided on 6 March 2009, centered on a dispute regarding the international transfer of minor Nigerian players to the Danish football club FC Midtjylland. The club had registered three minor players in 2006 and sought to register three more in 2007, all from FC Ebedei, a Nigerian club with which Midtjylland had a cooperation agreement. The players were registered as amateurs under Danish Football Association rules, allowing them limited financial support while retaining amateur status. They resided in Denmark as students without work permits and attended local schools.
FIFA’s Players’ Status Committee ruled that Midtjylland violated Article 19 of FIFA’s Regulations on the Status and Transfer of Players (RSTP), which prohibits international transfers of minor players except under specific conditions. The Committee emphasized that the rule applies to both amateur and professional players and aims to protect minors from exploitation. While exceptions exist for cases involving genuine educational relocation or strict development programs, FIFA determined that Midtjylland’s transfers did not qualify.
Midtjylland appealed to the Court of Arbitration for Sport (CAS), arguing that FIFA’s decision violated European Union (EU) law, the Cotonou Agreement, and the EU Charter of Fundamental Rights. The CAS panel, composed of arbitrators from England, Denmark, and Italy, rejected these arguments. It ruled that EU law provisions must be mandatory under Swiss law (FIFA’s seat) to apply, which was not established. The Cotonou Agreement was deemed inapplicable because the players were students, not workers, and the EU Charter was found non-binding, with no protection for football registration as a fundamental right.
The CAS also dismissed Midtjylland’s claim of discriminatory treatment, noting that exceptions to FIFA’s rules require evidence of consistent illegal practices, which Midtjylland failed to provide. The panel upheld FIFA’s decision, reinforcing the strict application of Article 19 RSTP to safeguard minors in football transfers. The ruling clarified that clubs cannot circumvent transfer restrictions by classifying minors as amateur students unless they meet stringent exceptions. The decision underscored FIFA’s authority to enforce protective measures for young players globally.
Midtjylland further argued that Article 19 should only apply to professional players, but the CAS panel rejected this, stating the provision applies broadly to all minor players. The panel also addressed exceptions, such as parental relocation or transfers within the EU/EEA for players aged 16–18, none of which applied here. The players’ relocation appeared motivated by football-related objectives, not education, disqualifying them from exceptions.
The panel examined whether Article 19 conflicted with EU law, including non-discrimination principles and the Cotonou Agreement. It found no conflict, as the agreement’s protections did not extend to students without work rights. References to the Simutenkov case, which addressed working conditions for legally employed foreigners, were deemed irrelevant since the players were not employed. The panel also rejected claims that Article 19 violated freedom of assembly or association under the EU Charter, noting the Charter’s non-binding nature and the rule’s proportionality in protecting minors.
Midtjylland alleged inconsistent enforcement of Article 19, citing Bayern München’s registration of a minor player without sanction. The panel dismissed this, stating that equal treatment cannot be based on another’s potential misconduct without evidence of a consistent practice by authorities. It suggested Midtjylland could pursue legal action under Swiss law to ensure uniform enforcement.
Ultimately, the CAS upheld FIFA’s decision, confirming that Midtjylland breached Article 19 RSTP and the imposed sanctions were appropriate. The appeal was dismissed, reinforcing FIFA’s regulatory framework to protect minors in international football transfers. The ruling highlighted the balance between sports regulations and legal protections for minors, affirming FIFA’s authority in maintaining global standards for player welfare.