ECJ judgment: Is the end of the FIFA transfer rules in football?

ECJ judgment: Is the end of the FIFA transfer rules in football?

A pioneering decision is in the room that potentially could fundamentally change the transfer regulations of international football. The European Court of Justice (ECJ) deals with the complaint by the former French football professional Lassane Diarra. This criticizes the existing transfer rules of FIFA, which, in his opinion, restrict the freedom of movement of players and hinder fair competition.

The case has its roots in a dispute between Diarra and his former Club Lokomotive Moscow. After his contract was terminated there, Diarra saw himself in the difficult situation not to be able to make new agreements, since every potential new employer would be obliged to pay for compensation to Moscow. This resulted in contractual discussions with the Belgian Association Sporting du Pays de Charleroi, which DiaraRra is now challenging through his complaint against FIFA and the Belgian Football Association.

The stone of the kick -off

Diarra calls for a compensation of six million euros for loss of earnings and complains of the difficult conditions that the FIFA rules bring for his professional career. The ECJ must now decide whether these regulations are actually illegal. The formulation of the FIFA guidelines could prevent access to a fairer transfer system and restrict the freedom of movement of the players within the EU.

An indication of a possible decision by the court could be found in the final applications of the Attorney General Maciej Szpunar. He supports Darra and points out that the current regulations of the FIFA clubs could deter clubs to oblige new players for fear of financial consequences. These possible sanctions would hinder the players in their professional practice and could violate EU law.

consequences of a decision

The potential effects of a decision by the ECJ could be far -reaching. Should the Court follow the opinion of the Advocate General and determine a violation of EU law, FIFA would have to reform its transfer rules. This could mean a massive change in the transfer system, as we know it today.

Memories of the Bosman judgment from the 1990s are awakened, which already changed world football sustainably by giving players the opportunity to change without transfer. It is also possible that the court only suggests some adjustments, for example to reduce the liability of the new association in the event of a contract.

The fans and the entire football community look forward to the upcoming decision, since it could significantly influence the future management of transfers and player career prospects. To learn more about the various aspects and the legal connection, See the report on www.shz.de .