How Olivier Bernard changed French transfer regulations

Decision

On March 16th of 2010, nearly nine years after the case had started, the Court ruled that the French regulations were a restriction on the freedom of movement for workers.

Though these rules did not prevent Bernard from signing a contract with a club in another country, they nonetheless made that option far less attractive because of the compensation.

The Court also viewed that the compensation was excessive and had to be limited to the exact costs which the club invested in training the player.

Why is this verdict so important?

With this ruling, the Court recognised that the club which trained the player in question has a claim to reimbursement. However, linking this reimbursement strictly to the costs of training, led to much more freedom of movement for players.

Reaction

“It was very hard for me,” Bernard said. “I did not know what I had done wrong. I simply refused to accept a job.”

“Every human being has the right to refuse a job. That’s why it was important for me to win this case. You can’t force somebody to stay where he is not happy. I was not under contract anymore, I was free to leave.”