Certain FIFA rules governing transfers between clubs are “contrary” to European Union law and “likely to hinder the free movement” of professional footballers, the Court of Justice of the Union ruled this Friday European. A decision which is likely to shake up the transfer window.
A case law which could revolutionize the transfer window, the market for football players. This Friday, the Court of Justice of the European Union handed down its decision in the case of footballer Lassana Diarra. The institution concluded that certain FIFA rules “are likely to hinder the freedom of movement of professional footballers who would like to develop their activity by going to work for a new club, established on the territory of another Member State of the Union”.
The case of Lassana Diarra could serve as an example in the industry during a dispute between a club and a professional. As a reminder, ten years ago, the Frenchman terminated his contract with Lokomotiv Moscow after a sharp drop in salary, which he considered unjustified. His departure was then contested by the club which deemed the termination unfair, demanding 20 million euros from him, reduced to 10.5 million euros.
Once interested in the French player, the Belgian club Charleroi changed its mind, unable to assume the financial and legal risk, in accordance with what Fifa demanded. Indeed, its regulations stipulate that if a footballer “is required to pay compensation, the professional player and his new club will be jointly and severally responsible for payment thereof”.
Disputed rules
In its response to the Belgian courts, seized by Lassana Diarra, the court considered that the rules “place on these players and on the clubs wishing to engage them significant legal risks, unpredictable and potentially very high financial risks as well as risks major sports players, which, taken together, are likely to hinder the international transfer of players.
Furthermore, these same disputed rules “are intended to restrict, or even prevent, cross-border competition in which all professional football clubs established in the Union could engage”.
Concretely, in the case where a player is sidelined by his club without reason, the Court of Justice of the European Union considers it unfair for the employee (the footballer) to be dissuaded from terminating his contract. On the other hand, this case law can also be interpreted differently. Footballers could leave their club for a few hundred thousand euros without transfer fees.
The entire system would then be called into question, hence the urgency for players’ unions to bring together all the players in the sector to agree on a collective agreement.
