Judgment of the Court of Justice in Case C-365/23

PRESS RELEASE No 36/25 Luxembourg, 20 March 2025 Judgment of the Court in Case C-365/23 | [Arce] 1 Consumer protection: a contractual term obliging a young sportsman to transfer part of his income if he becomes a professional athlete may be unfair The national court must assess the unfairness of such a term by taking into account, in particular, whether or not that term is plain and intelligible as regards the financial consequences of the commitment In 2009, a young sportsman of minor age, represented by his parents, concluded a contract with a Latvian undertaking which offers sportspersons a range of services for the development of their professional skills and careers. The purpose of that contract was to ensure that that young sportsman had a successful professional sporting career in the field of basketball. That contract, concluded for a duration of 15 years, provided for a whole range of services such as, inter alia, training under the supervision of specialists and sports medical services, psychological support and support in the field of marketing, legal services and accountancy. In return, the young sportsman undertook, if he became a professional, to pay that undertaking remuneration amounting to 10% of all the net income from sports events, advertising, marketing and media linked to the sport concerned received over the course of that contract, provided that that income was at least € 1 500 per month. In view of the fact that the income...