The court’s decision could have far-reaching effects on football player transfers.
According to the Court of Justice of the European Union (ECJ), some of the rules concerning the player transfer system of the International Football Association Fifa are against EU legislation.
The EUJ stated in its decision on Friday that the current rules of Fifa limit the opportunities for footballers to apply for a new job and thus prevent free movement in the EU and competition between clubs.
According to current Fifa rules, a player who terminates his contract before its end unilaterally and without a valid reason is obliged to pay compensation to the club. If the player moves to a new club, the player and the club may have to pay the compensation together.
The dispute between the French star and Fifa
The decision could have far-reaching consequences for football player transfers, as it could lead to changes in Fifa’s rules. The EUT’s decision is based on a former top player Lassana Diarra and Fifa’s long-running controversy.
The case of Diarra, who played 34 matches for the French men’s national team, goes back ten years, when he left Lokomotiv Moscow in stormy moods in the middle of his contract.
Lokomotiv accused Diarra of breach of contract and demanded 20 million euros in compensation. Diarra, who played in several top clubs in his career, demanded compensation from Lokomotiv. In the end, Fifa ordered Diarra to pay the Russian club ten million euros. The International Court of Arbitration for Sport (CAS) upheld the fine. Diarra was also retroactively banned for 15 months.
Diarra sued Fifa
Diarra received a contract offer from Charleroi in Belgium, but the club backed out when Fifa refused to sign the international transfer certificate. Diarra sued Fifa and the Belgian Football Association, demanding six million euros from the sport’s umbrella organization on the basis that he was not allowed to play most of the 2014-2015 season.
After several twists and turns, the Belgian court asked the Court of Justice of the European Union for an opinion on the matter. Fifa said it would analyze the EUJ’s decision with its stakeholders before commenting further on the matter.