The players’ union expresses enthusiasm, while a German lawyer does not expect a revolution. The ruling surrounding Lassana Diarra will surely spark discussions.
Is this a “landmark ruling”? A “revolution” for the transfer system, perhaps a “Bosman 2.0”?
The European Court ruling in the case of former French professional Lassana Diarra has resonated deeply across the Football world.
While the involved world governing body FIFA sees its statutes largely confirmed, critics of the regulations anticipate far-reaching changes. Who is right?
The European Court of Justice ruled that “some FIFA regulations regarding international transfers of professional football players” violate union law. Specifically, this concerns the situation where a player prematurely terminates his employment contract “without valid reason” – as was claimed by Diarra’s former club, Lokomotiv Moscow.
According to FIFA rules, a penalty payment is then due, and a suspension is also possible. Diarra was to pay 10.5 million euros back in 2014. A crucial point: currently, the club that wants to sign the player is also liable for the penalty payment.
According to the ECJ, these regulations go too far. Specifically: “These provisions burden these players and the clubs wishing to employ them with considerable legal, unpredictable, and potentially very large financial as well as pronounced sporting risks.” This does not align with the player’s right to freedom of movement as a worker, nor with competition law, as the court stated in a press release.
A possible consequence: FIFA must amend the paragraph in its statutes that also holds the new club liable.
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Diarra and his lawyers initiated this case, suing FIFA and the Belgian Football Association for damages and loss of earnings amounting to six million euros. His transfer to Belgium at Sporting Charleroi had fallen through following the fallout in Moscow. The case has been a topic in world football for years; after moving away from Moscow, Diarra switched in 2013, and the fallout followed a year later.
The lawyers of the former national player celebrated a “great victory” according to a press release. The firm “Dupont – Hissel” was once a key player when a ruling in the Jean-Marc Bosman case overturned transfer fees after contracts expired. The players’ union Fifpro, which also represented Diarra, stated that the ECJ made an “important ruling regarding the regulation of the labor market in football that will change the landscape of professional football”.
In contrast, FIFA stated it is “convinced that the legality of the key principles of the transfer system has been reaffirmed by today’s ruling”. Only two paragraphs from two articles of the FIFA regulations are questioned. The ruling will now be analyzed. The 102-page FIFA transfer document lists a total of 29 articles.
“I do not see Bosman 2.0. The sanctions for the player remain valid if contracts are terminated without a valid reason,” said Paul Lambertz, a German sports law specialist.
In England, the Guardian newspaper described it as a landmark ruling. FIFA will now “seriously have to consider how it can adapt its rules in the future, or whether it can at all”. The Italian Gazzetta dello Sport reported that the ruling could lead to a revolution, allowing players to leave a club regardless of the length of their contract.
The specific case regarding Diarra will now be sent back to the Belgian court that referred it to the ECJ. However, the ruling by the highest European court, which was not fully published on Friday, is binding.
Whether fixed-term contracts in football, which rarely contain clauses for a proper reason for termination, will be fundamentally changed remains open. The court also ruled that restrictions on the freedom of movement of professional football players can be justified by the aim of ensuring that competitions function – because maintaining a certain stability in professional football clubs’ teams is essential.
In the present case of Diarra, “the questioned provisions, however, seem to go beyond what is necessary to achieve this goal in several respects”.
