Revolution coming to the transfer market? The Court of Justice of the European Union (CJEU) has said that Fifa’s rules on player transfers could prove to be contrary to European Union law following a dispute between former French player Lassana Diarra and the governing body of football.
Attorney General Maciej Szpunar expressed his opinion on Tuesday, stating that Fifa rules “regulating contractual relationships between players and clubs could prove to be contrary to European rules on competition and the free movement of persons”. Diarra signed for Russian club Lokomotiv Moscow in 2013, only to have his contract terminated by the club a year later without cause. Lokomotiv has applied for compensation to FIFA’s Dispute Resolution Chamber and the player has filed a counterclaim seeking compensation for unpaid wages.
Diarra claims that the search for a new club has proved difficult because, under Fifa rules, any new club would be held jointly and severally liable with itself to pay any compensation owed to Lokomotiv. The former footballer claims a potential deal with Belgian club Sporting du Pays de Charleroi fell through due to conditions and is suing Fifa and Belgian football governing body URBSFA for damages and lost earnings of €6 million of Euro. The sentence is expected in a few months. Judges often follow the opinion of the attorney general, but not always.
Szpunar believes that Fifa’s transfer rules “limit the possibility for players to change clubs and, conversely, for (new) clubs to hire players, in a situation where a player has terminated his contract without just cause” . “These provisions are likely to discourage and dissuade clubs from hiring the player for fear of financial risks. The sporting sanctions faced by clubs that hire the player can effectively prevent a player from practicing his profession with a club located in another Member State”. Diarra’s legal representatives welcomed the Attorney General’s assessment in a statement, while Fifa was asked for comment. The CJEU is made up of the European Court of Justice (ECJ) and the European General Court (ECJ).