Movement of goods, services, and capital
In handling this case, Van Der Sande would rely on Title iv of the TFEU (Treaty of the Functioning of the European Union), which is on the movement of goods services and capital. The appellant, Van Der Sande, would rely on chapter 1, Workers. This provision is articulated in article 45. Article 45, paragraph 1 and 2 states that the freedom of workers shall be secured within the union. Paragraph 2 states that Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States regarding employment, remuneration, and other conditions of work and employment. The appellant will rely on this section for various reasons.
In this case, both Belgium and France are member states of the European Union, guided by the established Treaty of the Functioning of the European Union. According to the treaty, specifically title iv chapter 1, restriction of movement of workers across the member states is abolished. Article 45 states that freedom of worker’s freedom of movement of workers shall be abolished across member states. The freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regarding employment, remuneration, and other conditions of work and employment. Therefore, Van Der Sande can choose to be employed in any country that is a member state without any restrictions. In this case, restrictions include the Dunkirk football club based in France having to pay a transfer fee to the Liège football club in Belgium. Following this chapter, therefore, the player should be able to work or rather play in the football club of his choice across member states without restricting the transfer fee.
However, this provision directly contradicts the national law in this case. The national law upholds the rules set aside by the football associations. The regulations set aside by the football associations, in this case, direct that the player cannot play for another club in another state unless transfer fees are paid to the former club.
Basing his appeal on this provision, the appellant, Van Der Sande, may convince the court of appeal otherwise. Therefore, the court of appeal may rule in favor of union law other than national law in this case.