FIFA
The transfer of a former Real Madrid player that could change football forever
The European Court of Justice (ECJ) is set to rule this Friday on a lawsuit against FIFA’s transfer rules.
The global transfer system, as we know it today, could be significantly shaken up if the European Court of Justice (CJEU) in Luxembourg rules in favour of former player Lassana Diarra this Friday, siding against FIFA in their ongoing dispute. The case centers around Diarra’s claims of damages resulting from certain FIFA regulations governing the relationship between players and clubs.
Diarra, who previously played for clubs like Real Madrid, Chelsea, Arsenal, and PSG, was unable to sign with Belgian club Charleroi in 2014 after terminating his contract with Lokomotiv Moscow. FIFA denied him a transfer permit due to unpaid debts with the Russian club, and Diarra was fined €10 million.
What is happening with Lass Diarra and the transfer market?
He contended that Lokomotiv dropped him due to a decline in performance, while the club argued that he had skipped several training sessions without permission. FIFA enforced its transfer rules to block his move to Charleroi, although the Belgian football federation supported Diarra.
Diarra then took the case to the Belgian courts, and in 2017, the Charleroi Commercial Court ruled in his favour. The court found that FIFA’s Article 17.2 violated EU law, particularly the right to free movement of workers, and ordered FIFA to compensate the French midfielder. In response, FIFA and the Belgian federation appealed to the European Court of Justice.
In an initial opinion, Advocate General Szpunar sided with Diarra, but the final decision rests with the CJEU, which will rule on the case this Friday. Diarra’s lawyer, Jean-Louis Dupont, is the same attorney who represented Jean-Marc Bosman in the landmark case that forever changed transfer rules for EU players, drawing parallels between the two cases.
Should the court rule in favour of Diarra, FIFA would be compelled to amend points 17.4 and 17.5 of its transfer regulations, which were agreed upon with the EU 23 years ago. These provisions could be revised if the CJEU determines that clubs signing players who unilaterally terminate contracts are not liable for the consequences.