What rules can the German Football Association (DFB) set for the lucrative business of players’ agents? In the dispute between the football governing body and Roger Wittmann, one of the leading mediators in Germany, the Federal Court of Justice (BGH) announced its decision. Whether the judges will make a final decision or first turn to the European Court of Justice (ECJ) remains to be seen.
With their own set of rules, the football associations FIFA and DFB wanted to ensure more transparency and control on the multimillion-dollar brokerage market. A lawsuit has therefore been filed with the ECJ against the world football association FIFA. The DFB regulations that came into force in 2015 are now being put to the test in Karlsruhe. Players’ agent Wittmann sees this as a violation of the ban on cartels. His lawsuit is supported by the German Football Players’ Association (DFVV).
Many points problematic
In the BGH hearing in February of this year, it became clear that the cartel judges also consider many points to be problematic. Among other things, the regulations stipulate that players and clubs may only work with agents registered with the DFB who have also submitted to the association’s statutes. In addition, details of agreed remuneration must be disclosed. The agents may not collect any commissions for the mediation of underage players.
In the lower court at the end of 2021, the Frankfurt Higher Regional Court had agreed with the DFB in some passages and in other points with Wittmann’s agency Rogon. For example, the court considered it permissible for players and clubs to only work with agents registered with the DFB. The rule for the protection of young players was also confirmed. On the other hand, the regulation was overturned, according to which registration should only be possible if the agent submits to numerous DFB and FIFA rules and their association jurisdiction.
BGH judges were critical
The BGH judges were critical of many points of the regulations. For example, the regulation was questioned, according to which agents are not allowed to secure any participation in a future further transfer of their player. Senate Chairman Wolfgang Kirchhoff said this was a massive intervention in the freedom to set prices.
Players’ agents thread professional contracts or transfers. In the Bundesliga, according to the German Football League (DFL), the clubs spent between 35.44 million euros (FC Bayern Munich) and 642,000 euros (promoted 1. FC Heidenheim) for brokerage services in the 2022 financial year. In the international transfer business, according to the world association FIFA, there was a total of around 586 million euros in 2022.
