On January 22, 2025, the Administrative and Fiscal Litigation Division of the High Court of Cassation and Justice upheld the appeal filed by the National Sports Agency, overturned the ruling of the Cluj Court of Appeal—which had annulled Order “Novak” no. 500/2022 regarding the minimum 40% participation rate of Romanian performance athletes—rejudicated the case, and rejected the action brought by the Gloria 2018 Bistrița Năsăud Sports Club.
The reasoning behind Decision no. 215/22.01.2025 was recently communicated, and on this occasion, the High Court of Cassation and Justice clarified what was already evident: namely, that the applicability of Order “Novak” no. 500/2022—the minimum 40% participation rate—refers to the number of players actually on the field, not just those listed on the game sheet in a team sport.
To rule in this way, the High Court found that the Cluj Court of Appeal had issued a ruling in which it incorrectly applied the relevant substantive legal provisions—namely, Article 45 of the Treaty on the Functioning of the European Union (TFEU) and Article 2 of Government Ordinance no. 137/2000—which led to the unjustified annulment of Order no. 500/2022.
Essentially, the High Court found that Order no. 500/2022 falls under an exception provided by Article 45(3) TFEU, and that the restrictions established by the normative act are justified by reasons of public order and public interest. Furthermore, in determining the proportionality of the measure, the High Court noted that “in Romania, sports clubs do not invest in young Romanian athletes, preferring instead the much simpler method of signing players from countries/leagues where the sport is more developed—a scenario that eliminates any initiative to support the progress of Romanian athletes.”
It was also found that the Order pursues a legitimate objective that is part of a public policy aimed at encouraging clubs to use Romanian players. Regarding the obligation to field a minimum of 40% Romanian players, the High Court expressly stated that this applies to Romanian players on the field, “in order to create the conditions for promoting Romanian athletes by giving them the opportunity to actually play.”
In conclusion, the High Court of Cassation and Justice held that “the obligation for Romanian players to be present on the field in a proportion of 40% is based on a measure justified by a legitimate objective, of a strictly sporting/competitive nature, and the imposed measure complies with the proportionality analysis, being appropriate and necessary for achieving the intended objectives/goals.”
