Football Dynasty-Chapter 68: European Court of Justice

Before escalating his case to the European courts, Richard first had to exhaust all legal remedies in England.

This meant challenging the FA and UEFA's decisions within the UK legal system. However, the presence of Lennart Johansson from UEFA changed everything. Since UEFA was a Europe-wide governing body, Richard could argue that his suspension violated EU competition laws.

He decided to take his case directly to the European Commission in Brussels offices, the body responsible for overseeing competition law within the EU.

He was essentially following the same path as Jean-Marc Bosman, the Belgian player who sued both the Belgian FA and UEFA, taking his case straight to the European Court of Justice (ECJ).

The Bosman ruling had challenged restrictive regulations on player movement, and Richard saw an opportunity to use a similar argument.

He claimed that his rights—as both an agent and a club owner—had been unlawfully restricted. His property rights had been violated, and his financial interests had suffered due to an unfair and legally baseless decision.

Of course, proving direct financial harm and unfair treatment was crucial—mere aggressive questioning or suspicion wouldn't be enough. But Richard was confident.

The duration of a case brought before the European Court of Justice (ECJ) or the European Court of Human Rights (ECHR) can vary significantly, depending on the complexity of the case and the workload of the court.

Richard didn't mind. As long as his case was scheduled, he believed everything would be fine.

Now, he sat in silence, witnessing football history unfold. This was the Judgment Delivery of the Bosman case, the moment when the final verdict would be publicly announced.

The room where the hearing took place was just as grand, with tall ceilings, dark wooden paneling, and rows of benches that extended in an almost ceremonial fashion. This was the grand courtroom of the European Court of Justice, Brussels.

A large, marble-topped table stood at the front, where the judges, dressed in their distinguished robes, sat on high benches, waiting for the final act in one of the most significant cases in European football history.

Jean-Louis Dupont, the determined and articulate lawyer for Jean-Marc Bosman, stood at the claimant's podium. His hands were steady as he looked up at the judges.

To his right, RFC Liège's legal team sat with an air of frustration, having spent months trying to defend the transfer rules that had bound Bosman to their club. Beside them, the representatives from UEFA looked just as tense, their faces tight with concern.

"My Lords, honorable members of the Court, this case is not just about one player, one club, or even one contract. This case is about the fundamental principles that underpin the very essence of the European Union itself—freedom of movement, the right to work, and free competition."

Dupont turned slightly, first to face RFC Liège's representatives, then UEFA's, emphasizing the stakes of the case.

"Under Article 39 of the Treaty of Rome, the European Union guarantees the right to free movement of workers within its member states. Jean-Marc Bosman, like any other European citizen, is entitled to exercise this right." He paused for a moment.

Looking at the judges, he pressed on. "A system where players are bound by contractual shackles, unable to move freely within their profession, is in direct contradiction to the principles laid out in the Treaty of Rome. This is not only unjust; it is a violation of European law. UEFA, as the governing body of European football, has sought to maintain these constraints under the guise of preserving the sport's structure. But what UEFA fails to acknowledge is that their own rules contradict the freedom of movement enshrined in EU law. The rules they so adamantly defend have created an artificial and unjustified barrier to employment within the EU."

The judges sat in silence for a moment, absorbing Dupont's impassioned plea.

Then, RFC Liège's lawyer, a stern-looking man with dark hair, stood sharply, cutting through the tension in the room.

"My Lords, we cannot ignore the broader implications. If this Court rules in favor of Mr. Bosman, we open the floodgates to a completely unregulated market in football. The transfer system, as it stands, ensures fairness and balance, protecting clubs from losing valuable assets without compensation. This ruling would disrupt the fabric of football and have far-reaching consequences for leagues across Europe."

He pointed toward Dupont with a thinly veiled sneer, but his opponent remained composed.

"You cannot just tear up years of tradition for the sake of one man's freedom of movement. Football is more than just a job. It is a business, with rules and structures designed to maintain competitive balance. What Mr. Bosman seeks is not freedom—it is self-interest at the cost of the wider sport."

The UEFA lawyer stood next, fully aware of the significance of their defense. "My Lords, Mr. Dupont's arguments are based on theoretical assumptions that fail to consider the practical realities of the football market. The transfer system exists to protect clubs from losing their players without compensation. Without it, the entire structure of European football would collapse. This system ensures that smaller clubs are not devastated by free-market forces that might otherwise strip them of their best players."

"Objection, My Lord," Dupont interjected firmly. "UEFA's rules and RFC Liège's actions are not about protecting the integrity of the sport—they are about preserving the entrenched interests of those in power. This case is about fairness. It is about the right of a worker to move freely within the EU, and football must not be exempt from these basic rights."

For the next two hours, arguments flew back and forth between the legal teams. Finally, the chief judge exchanged glances with his fellow justices before addressing the courtroom.

Jean-Louis Dupont, standing tall at the claimant's podium, could hardly contain his emotions as he looked toward the panel of judges. His client, Jean-Marc Bosman, sat nearby, anxious, watching this pivotal moment in European football unfold.

"The Court has reached its decision," the chief judge announced. "We find in favor of the claimant, Jean-Marc Bosman. The transfer system as practiced by the defendant clubs and UEFA is in violation of EU law, specifically the right to free movement of workers as outlined in Article 39 of the Treaty of Rome."

A gasp rippled through the courtroom. The RFC Liège representatives sat in stunned silence, while the UEFA officials remained frozen, their faces contorted with shock.

At the back of the room, Richard, who had been observing the proceedings, stood up, followed by Adam Lewis, his Lead Counsel, and Nick De Marco, his Legal Researcher.

Jean-Marc Bosman's verdict had been announced, sealing his victory and closing his case.

Now, it was their turn.

The large courtroom was packed with reporters, legal experts, and football officials. It was rare for an individual to take both the FA and UEFA to court, and the case had attracted national and international attention.

"Could Richard Maddox's Lawsuit Change Football Governance?"

By BBC Sports Correspondent (UK)

"Un Nouveau Séisme Juridique Pour L'UEFA?"

By L'Équipe (France)

"¿El Fin del Control de la UEFA?"

By Marca (Spain)

"Giustizia Europea Contro l'UEFA? Il Caso Richard Maddox"

By Gazzetta dello Sport (Italy)

"Revolution im Fußball-Management? Richard gegen die UEFA"

By Kicker (Germany)

Outside the European Court of Justice – Brussels.

The brisk morning air did little to deter the swarm of reporters waiting outside the grand courthouse.

Among them was ESPN's senior correspondent, Mark Reynolds, who had managed to catch Richard just as he stepped out of his car. Cameras flashed, microphones stretched toward him, but it was ESPN that got the first word.

"Richard! Just a quick one before you step inside—What's going through your mind right now?"

Richard adjusted his coat. "It's about fairness, about making sure football operates within the same legal framework as any other profession. The FA and UEFA believe they can act without oversight—today, we challenge that."

Reynolds pressed on. "Your opponents say this could destabilize the game, that your fight is self-serving. How do you respond?"

Richard stopped for a moment before looking directly at the camera. "They said the same thing about Bosman, didn't they?"

A murmur rippled through the press as journalists jotted down notes. With that, he nodded at Reynolds and stepped toward the courthouse doors, flanked by his legal team. The cameras followed every step. The world was watching.

In the center stood Richard Maddox, flanked by his legal counsel, Adam Lewis and Nick De Marco.

Across from them, the defense table was occupied by Graham Kelly, representing the FA, and Lennart Johansson, the UEFA, alongside their legal team.

For months, Kelly and Johansson racked their brains over the question that had haunted them: 'How had it come to this? Richard Maddox had seemed passive during the initial hearings—why the sudden aggression?'

At the bench, a panel of judges presided over the proceedings, their faces stern and unreadable. The lead judge, a respected figure in European law, adjusted his glasses before speaking.

Judge: "This court will now hear the case of the applicant, Richard Maddox, against The Football Association and UEFA. Mr. Lewis, you may proceed with the applicant's case."

Adam Lewis rose, buttoning his suit. "My Lord, this case is a matter of fundamental fairness. My client has been unfairly sanctioned. His right to property has been violated without proper legal justification. At the heart of this case lies a simple but dangerous precedent: Can a football governing body unilaterally destroy an individual's career without due process? They claim a conflict of interest, yet they have provided no legal basis to justify their actions under English or European law. Their conduct is not just unethical—it is unlawful under EU law."

Judge: "The defendants, The Football Association and UEFA, may respond to the applicant's claims."

The FA's lead counsel stood instantly. "My Lord, the Football Association has one paramount duty: to protect the integrity of English football as a sport. The applicant's position as both an agent and a club owner presents an undeniable conflict of interest. He has the ability to influence transfers in a way that could distort the market and undermine fair competition."

Lewis countered, "Articles 101 and 102 of the Treaty on the Functioning of the European Union prohibit governing bodies from acting together to restrict competition. The FA and UEFA have not used their regulatory powers to govern football fairly but rather to maintain control over financial and sporting operations while silencing independent actors like my client."

The FA's lead counsel turned back to the judge, his tone measured yet firm. "My Lord, our actions fall well within our regulatory authority to ensure that football remains free from manipulation. This is not a personal attack on the applicant but a necessary step to uphold the integrity of the sport and prevent any actions that could unfairly benefit any individual as a club owner or distort competitive balance."

Richard leaned toward his legal researcher, Nick De Marco, and whispered, "What are Articles 101 and 102 again?"

Nick leaned in and replied, "Article 101 TFEU prohibits agreements that prevent, restrict, or distort competition. If an agreement breaches this, it's automatically void unless it qualifies for an exemption. Article 102 TFEU deals with the abuse of a dominant position. In your case, if UEFA and the FA are using their authority to unfairly control market conditions or stifle competition, they could be in violation."

Richard nodded thoughtfully, leaning back in his seat as the proceedings continued.

Adam Lewis was already on his feet before the judge had finished taking notes. His response was swift. "My Lord, this is nothing short of defamation. I want to make it absolutely clear: my client has always operated within the regulations and in the best interests of the game. The FA and UEFA are punishing him for optics, not for any actual breach of rules."

Judge: "Defendant, Article 101 of the TFEU prohibits agreements that distort competition, and Article 102 bans the abuse of a dominant position. Are you prepared to argue that the FA and UEFA's practices do not breach these provisions?"

UEFA's chief lawyer stood, clearing his throat. "My Lords, the claim is misleading and lacks merit. The FA and UEFA, as governing bodies, have the legal authority to regulate football to ensure fairness, financial stability, and competitive balance. The applicant's dual role as both an agent and a club owner creates a clear conflict of interest—one that jeopardizes the integrity of our sport."

He glanced at the judges before continuing. "It is not anti-competitive to enforce governance structures that prevent individuals from manipulating transfer markets or financial assets in ways that damage clubs, leagues, and the sport as a whole. The European Court must recognize that football cannot be governed purely by free-market principles. It requires regulation to prevent dominance by private interests at the expense of the wider footballing ecosystem."

The chief lawyer nodded, satisfied with his argument, before returning to his seat.

Follow current novels on ƒreewebηoveℓ.com.

Judge: "Applicant, governance structures are necessary to maintain fairness and stability within football. How do you propose preventing financial manipulation in the sport?"

Lewis didn't flinch. He picked up his legal document and handed it to the court clerk, who passed it to the judge.

"My Lord, allow me to clarify two points. First, if we carefully examine the regulations, dual representation was not explicitly prohibited—as long as there was full disclosure to all involved parties. And that is precisely what my client did. Every transaction was above board. He never pressured players, nor did he use his club ownership to manipulate deals. If you wish to tighten these rules moving forward, that is within your rights—but my client should not be retroactively punished for conduct that was not explicitly illegal."

Without missing a beat, he continued. "Second, My Lord and members of the jury, may I first seek clarity on a key point?" He lifted a document, flipping through the pages with ease. "The phrase 'unfairly benefit any individual as a club owner'—how exactly is this being defined?Because if the FA and UEFA are implying that my client, as both an agent and a club owner, has 'benefited,' then it must mean he has received something tangible—whether financially or in another quantifiable form."

The jury shifted in their seats, and he could feel their curiosity sparking.

'That would do for now.' Lewis thought to himself.

Lewis turned his gaze toward Graham Kelly and Lennart Johansson, his face darkening as his voice took on a sharper edge. "So, I ask the defense—what exactly is the alleged 'direct benefit'? If the FA and UEFA are implying that my client, as both an agent and a club owner, has 'benefited,' then they must demonstrate that he has received something tangible—whether financially or in another quantifiable form."

The lead judge pursed his lips and glanced at the other panel judges before nodding.

"The Court has heard the arguments. We will now deliberate."

"..."

From Days to Weeks, Then Months—The Proceedings Continued

The FA's lead counsel stood before the court, handing a stack of papers to the panel of judges. "We have documentation showing that the applicant represented a player, negotiated his transfer to his club, and directly benefited as the club's owner. Does that not constitute self-dealing?"

The judge reviewed the documents, adjusting his glasses before looking toward Richard, then Adam Lewis. "Mr. Chris Armstrong, Mr. Rob Jones, Mr. Graeme Le Saux." He set the documents down and looked directly at Richard, then at Lewis. "Does the applicant wish to respond?"

"Yes, my Lord," Lewis replied before standing up. He then stated, "There was no transaction, no financial exchange between the club and my client. In fact, my client personally invested in these players' development—covering their training, living expenses, and education long before they were legally allowed to sign a professional contract. Rather than profiting from them, he provided them with opportunities. He built their careers from the ground up."

The FA's lead counsel cleared his throat, exchanging a glance with Graham Kelly before rising. "The issue here is not solely whether your client received a direct financial benefit. It's about the perception of conflict. Your client facilitating these transfers while holding an ownership stake creates an undeniable risk of undue influence." He turned toward the judge. "We don't need to prove that money exchanged hands. It is enough that such a conflict exists."

Lewis let out a snort. "Sporting integrity?" His tone was steady, but the courtroom could feel the subtle rise in intensity. "If we are using 'perception of conflict' as grounds for sanctions, then why have the FA and UEFA, as football's governing bodies, failed to establish clear regulations from the start? They could have explicitly prohibited it—but they didn't. Players and clubs were governed by the same unclear rules, just like Jean March Bosma—"

"Objection, my Lord!" UEFA's chief lawyer shot up from his seat, his voice sharp. "This argument is irrelevant. The claimant is attempting to draw false parallels."

A murmur rippled through the courtroom. Now, the applicant had brought up the Bosman case. It was no surprise that UEFA had been utterly defeated in that case due to its unclear regulations—just like in this case now.

Ethically, it was controversial, but where were the rules?

There was no direct ban on such actions.

The UEFA lawyer now stood, visibly uneasy. "My Lord, the optics of this situation severely undermine public trust in the sport. The European football community expects transparency and a clear separation between club ownership and player representation."

Lewis turned to the judge, his expression sharp. "If we are arguing based on optics, then we are admitting that no clear rule was broken. Football governance should be based on law, not perception. If the FA and UEFA wish to regulate this matter in the future, they are free to introduce new rules—but they cannot arbitrarily penalize my client today for something that was not explicitly forbidden at the time."

A low hum of whispers spread through the gallery. The judge's gaze shifted between the defense and the applicant.

Judge: "Defendants, do your regulations allow clubs and agents to operate in a free market, or do they impose arbitrary restrictions that limit economic freedom?"

UEFA's chief lawyer responded, "We act in the best interests of the game. If this ruling favors the applicant, it will set a precedent allowing individuals to wield unchecked power over multiple areas of the football business—something we believe poses a far greater danger. This is not an attack on competition—it is a necessary safeguard against conflicts of interest."

He hesitated for a moment before adding, "Blurring the lines between club ownership and player representation creates legitimate concerns that must be addressed."

The judge pursed his lips, then turned to the applicant.

Judge: "In competition law, not all restrictions are unlawful—some may be justified if they are proportionate and necessary. Do you contend that the FA and UEFA's rules lack proportionality?"

Lewis stood. "My Lord, the FA and UEFA have a responsibility to act in the best interests of football as a whole." He smirked, shaking his head. "And yet, that responsibility didn't seem to matter when they needed these deals to go through. They deliberately circumvented my client's legal authority as an agent, facilitating direct negotiations with clubs and players—negotiations that, by their own standards, should have involved him."

The people present exchanged glances, taken aback. The judge, clearly intrigued, cast a subtle glance toward the defense before saying, "Go on, Mr. Lewis." Meanwhile, the FA counsel and UEFA lawyer exchanged wary looks.

Lewis adjusted his tie, 'Time for the final blow.'

"My Lord, let's not pretend that my client's dual role is the real issue here. The FA and UEFA claim he compromised fairness, yet they themselves have exploited the weaknesses in their own regulations to serve their own interests."

He turned back to the judge, lifting a document. "My Lord, I present to the court evidence of direct correspondence between the FA and club representatives involved in these transfers. These documents clearly show that my client was intentionally excluded from the process, despite holding a legal mandate as the players' agent. If the FA and UEFA are genuinely committed to ethical governance, why did they disregard the very ethical and conflict of interest issues they now claim to champion?"

Lewis turned toward the defense table, his eyes locking onto Graham Kelly and Lennart Johansson.

"The defense has cited the transfers of Chris Armstrong, Rob Jones, and Graeme Le Saux as examples." He let the names hang in the air for a moment before continuing, "At that time, these players were under my client's representation. Yet, when it suited the FA and UEFA, they conveniently allowed their transfers to bypass him entirely."

Graham Kelly cleared his throat before signaling his lawyer to come closer. He whispered something, and as his counsel listened, his expression grew darker.

After nodding to Kelly, he stood up, hesitated for a moment, then stated, "My Lord, we acted within our jurisdiction to intervene. If certain transactions required direct intervention, it was to prevent further conflicts of interest."

Lewis blinked, momentarily taken aback. Then, he let out a short breath and straightened his posture.

"Pardon me, My Lord, but I need clarification here." He turned to the defense table, his eyes narrowing. "Let me get this straight. When my client represents both players and a club, you claim it's a conflict of interest. But when you, the FA manipulate transfer dealings to sidestep a legally appointed agent and impose unjust sanctions, that's just 'direct intervention'? Isn't that the very definition of a conflict of interest? You're not regulating—you're rewriting the rules as you go!"

Lennart Johansson glanced toward his chief lawyer before letting out a slow exhale. Shaking his head, he slumped back into his chair, defeated.

'Kelly, you incompetent fool!!!'