The transfer window turned upside down? Fifa takes a first decision following the Diarra affair

LFifa has decided to suspend its disputes linked to the rules on transfers, it announced in a press release on Tuesday relayed by several media.

Two months after the decision of the Court of Justice of the European Union in the Lassana Diarra case, the international football federation took this measure concerning articles 6 and 17 of the Regulations on the Status and Transfer of Players (RSTJ) , two points deemed contrary to European law.

Concretely, this could change the landscape of yesterday’s transfer window. Players could thus leave their club in January without sanctions or without having to pay compensation.

This is Fifa’s first measure since the Lassana Diarra affair. On October 4, the Court of Justice of the European Union (CJEU) concluded that certain Fifa rules governing transfers between clubs were “contrary” to European Union law and “likely to hinder free movement” professional footballers.

Fifa abandons “all disciplinary measures” against “players” and “coaches” who have not respected these two rules on “the application of financial rights” and “joint liability””, indicates the international football body in his press release.

Fifa warns, however, that the suspension of actions before its Disciplinary Committee does not exclude “a subsequent reinstatement” nor does it constitute an “admission of the illegality of such measures”.

In an interview on the Fifa website a month ago, Emilio Garcia Silvero, director of the body’s Legal and Compliance division, explained that the body was going to “engage in a global dialogue with the main players” to determine “the conclusions to be drawn from the Diarra affair.”

According to Emilio Garcia Silvero, the discussion “will focus on the parameters for calculating compensation and sanctions in the event of contractual breach, and on a mechanism for issuing the international transfer certificate.”