Revolution in football? ECJ judgment could turn the transfer system upside down!

Revolution in football? ECJ judgment could turn the transfer system upside down!

In the past few days, an important judgment of the European Court of Justice (ECJ) has caused excitement in world football. The case revolves around the former French professional Lassana Diarra, whose conflict with FIFA and a former club could now have far -reaching effects on the international transfer system. While some see the decision as a revolutionary step towards a fairer regulation, the World Association FIFA still sees its transfer system largely confirmed.

The ECJ found that certain regulations of FIFA to international transfers, in particular the regulations on the premature termination of a player, violate Union law. In the specific case of Diarra, which was taken off in 2014 with a penalty of 10.5 million euros because he terminated his contract with Lokomotive Moscow without a valid reason, the new club, which would like to sign the player, also had to be liable for this punishment. This led to the judgment that such regulations burden both players and the interested clubs in a legally and financially.

background of the judgment

Diarra and his lawyers had filed a lawsuit against the FIFA and the Belgian football association for damages and loss of earnings after a move to Sporting Charleroi failed. The lawyers regarded the judgment as a great success because it could have an enormous impact on regulating the labor market in football. The FIFPRO player union, which Diarra supported, also celebrated the judgment as significant for the future of professional football.

In the following, FIFA will now be forced to rethink its regulations. According to Paul Lambertz, a specialist lawyer for sports law, it could be necessary to change liability for new clubs in such cases. The FIFA, in turn, states that most of its regulations are still valid and only individual paragraphs are controversial.

effects on the football world

The reactions to the judgment are consistently mixed. While parts of the media speak of a "Bosman 2.0", which indicates a possible revolution in the transfer systems, Lambertz emphasizes that the basic sanctions for players have no valid reason for players. The question of whether the contracts in football are generally changed remains open.

The specific judgment in the Diarra case was referred back to a Belgian court, but the judgment of the ECJ is binding. It remains to be seen whether FIFA can make the necessary adjustments in its structure. It remains to be seen how FIFA will adapt its regulations to meet legal requirements and the need for competitive rights.

Another characteristic of the judgment is the permission that restrictions on the free movement of players can be justified under certain circumstances in order to maintain competitiveness. In the case of Diarra, however, the judges saw signs that FIFA goes beyond what necessary.

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