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– This landmark decision was rendered in the context of the case between Lassana Diarra and Lokomotiv Moscow.
A new Bosman ruling ? In 1995, this legal decision revolutionized the world of football. Made by the Court of Justice of the European Union (CJEU), it put an end to the quotas of foreign players accepted in clubs. This Friday, October 4, at the CJEU has issued a new judgment which could have similar repercussions in the world of football. As part of the Diarra-Lokomotiv Moscow affairthe Court declared that certain rules of FIFA which regulate the transfer market are contrary to European law, reports L’Équipe.
The Court of Justice of the European Union states that “the rules in question are likely to hinder the free movement of professional footballers wishing to develop their activity by going to work in a new club”. Indeed, in concrete terms, a footballer cannot decide to leave his club to play for another if he is under contract. To do this, an agreement must be reached between all parties. If a player decides to leave, he must pay the amount of his salary that he should have received by the end of his contract.
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Rules to “control” the transfer market
Furthermore, if he signs up with another club, his new owner must then, jointly, pay the bill equally with the player. In addition, he may be ordered to pay other costs. Finally, he may be prohibited from transferring and not receive the international transfer certificate (CIT) which is issued by FIFA. Without the precious key, it is then impossible to line up the player on the match sheets for official competitions. Rules which pose a problem to the CJEU.
According to the Court, the principle of freedom of movement for workers is not respected by FIFA and its rules intended for “control” of the transfer market. Furthermore, the CJEU considers that the sanctions provided for by the supreme football body are “disproportionate”particularly with regard to the compensation to be paid to the player’s owning club. This does not ensure free competition within the European Union. However, the judges recognize that FIFA must ensure stability in the membership of professional football clubs. This may prompt her to take steps to “the general interest”.
The Diarra-Lokomotiv affair
This decision was rendered in the context of the case opposing Lassana Diarra au Locomotive Moscow. In 2014, the former French international left the Moscow club after the latter had fired him. However, the Russians then sued him for non-compliance with his contract without “just cause” and then demanded 20 million euros to the native of Paris. The latter will be relieved that the affair has come to an end, with, at the end of the tunnel, a victory which could change the situation for many players!
