雇佣与否是俱乐部决定的
联盟又不直接雇佣
欧盟法院就是判的这个呀
你联盟（对应cba公司）制定的注册规则不能与俱乐部自由雇佣抵触。
没有俱乐部愿意雇用那球员没办法，只要有俱乐部愿意雇用
足联必须给注册和让参加职业比赛
5. Rules governing business relationships between employers in a sector of activity fall within the scope of the Community provisions relating to freedom of movement for workers if their application affects the terms of employment of workers.
That is true of rules relating to the transfer of players between football clubs which, although they govern the business relationships between clubs rather than the employment relationships between clubs and players, affect, because the employing clubs must pay fees on recruiting a player from another club, players'opportunities for finding employment and the terms under which such employment is offered.
法院直接说的是 法院尊重企业的自由，但是这里雇员的自由高于联盟的自由
79 As regards the arguments based on the principle of freedom of association, it must be recognized that this principle, enshrined in Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and resulting from the constitutional traditions common to the Member States, is one of the fundamental rights which, as the Court has consistently held and as is reaffirmed in the preamble to the Single European Act and in Article F(2) of the Treaty on European Union, are protected in the Community legal order.
80 However, the rules laid down by sporting associations to which the national court refers cannot be seen as necessary to ensure enjoyment of that freedom by those associations, by the clubs or by their players, nor can they be seen as an inevitable result thereof.
81 Finally, the principle of subsidiarity, as interpreted by the German Government to the effect that intervention by public authorities, and particularly Community authorities, in the area in question must be confined to what is strictly necessary, cannot lead to a situation in which the freedom of private associations to adopt sporting rules restricts the exercise of rights conferred on individuals by the Treaty.
法院认为原有的转会规则阻碍了雇员自由移动
92 It is thus necessary to consider whether the transfer rules form an obstacle to freedom of movement for workers prohibited by Article 48 of the Treaty.
93 As the Court has repeatedly held, freedom of movement for workers is one of the fundamental principles of the Community and the Treaty provisions guaranteeing that freedom have had direct effect since the end of the transitional period.
98 It is true that the transfer rules in issue in the main proceedings apply also to transfers of players between clubs belonging to different national associations within the same Member State and that similar rules govern transfers between clubs belonging to the same national association.
这条明确写明了 法院法条同样适用于同一国家不同组织以及同一组织的俱乐部
【 在 fromsky 的大作中提到: 】
: 可以自由转会，但你要求是强制雇佣啊？
: 原本CBA联赛公司就跟球员之间没有合同关系，它提供的是符合要求球员的注册权管理
: 而你要求CBA对于不符合自己注册规则的球员，也要允许注册
: ...................
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修改:zyd FROM 222.212.202.*
FROM 222.212.202.*