New report backs FIFA quota plan but EU still opposed

The European Commission poured cold water on a report yesterday that backed FIFA plans to curb the number of foreign players at clubs and could potentially lead to a spate of costly court cases.

An independent report by the Institute for European Affairs (INEA) - an EU-wide think tank - said the so-called '6+5' rule limiting to five the number of foreign players who can start a match does not conflict with European Union laws.

But the Commission, the bloc's executive arm, said the report, commissioned by FIFA, did not change its view that 6+5 is not compatible with the 27-nation bloc's strict labour laws governing the free movement of workers.

"The first impression is that we don't find any reason to change our view," a Commission spokesperson told Reuters.

"Our position is well known, FIFA's 6+5 rule is based on direct discrimination on the grounds of nationality and is thus against one of the fundamental principles of EU law."

The spokesman added the Commission would analyse the report and said if FIFA intro- duced '6+5' and the rule was challenged, the ultimate decision on its legality would be made by the European Court of Justice (ECJ), Europe's highest court.

FIFA lost a similar case at the Luxembourg-based ECJ in 1995, known as the Bosman Ruling, which left an indelible mark on the game.

In a case taken by Belgian player Jean-Marc Bosman, the ECJ barred transfer fees for players out of contract and removed the limit on the number of foreign players a club can field.

"As far as Bosman applies at all, the arguments presented in the case are no longer relevant because reality has not developed as expected but is instead contrary to the prognosis of the ECJ," the INEA report said.

According to the report, which was carried out by five legal experts, the 6+5 rule "is legally not directly linked to the nationality of the professional footballer but applies to the qualification for the national team".

The INEA report also backed the 6+5 rule on the basis of "balanced sporting competition" and FIFA's autonomy to make its own rules, which it said would be further bolstered by the EU's stalled Lisbon reform treaty which gives sport a legal basis within the bloc for the first time.

Ireland is expected to re-run a referendum this year after voters in June rejected the treaty, aimed at streamlining EU decision- making, and plunged the bloc into chaos.