Lhe Court of Justice of the European Union on Friday rejected all the international transfer rules of the international football federation (FIFA) which were contested in Belgium by the former professional player Lassana Diarra, whose transfer to Sporting de Charleroi in 2015 had an abortion.
The French international had unilaterally and prematurely terminated his contract with Lokomotiv Moscow in 2014. Based on FIFA rules, the Russian club demanded significant compensation from him. The club which would have hosted him also risked sanctions, which is why Sporting de Charleroi backed down. The case is being judged before the Mons Court of Appeal, which had to question the High Court based in Luxembourg.
These rules, the CJEU ruled on Friday, “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 “.
Rules that “restrict or even prevent” competition
The court considers in fact that they “pose significant legal risks, unpredictable and potentially very high financial risks, as well as major sporting risks, 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”.
“The possibility of competing by recruiting already trained players plays an essential role in this sector,” adds the Court of Luxembourg in its judgment.
The ruling could have significant consequences for the world of professional football. As for the present case, it is now up to the Mons Court of Appeal to decide on the merits, informed by the judgment of European Justice.
