Revolution in football? ECJ ruling could turn transfer system on its head!

Revolution in football? ECJ ruling could turn transfer system on its head!

In recent days, a significant ruling by the European Court of Justice (ECJ) has caused a stir in world football. The case centers on former French professional Lassana Diarra, whose conflict with FIFA and a former club could now have far-reaching implications for 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 as largely confirmed.

The ECJ found that certain FIFA regulations on international transfers, in particular the rules on early termination of a player's contract, violated EU law. In the specific case of Diarra, who was fined 10.5 million euros in 2014 for terminating his contract with Lokomotiv Moscow without a valid reason, the new club that wanted to sign the player was also liable for this penalty. This led to the ruling that such regulations impose an undue legal and financial burden on both players and the interested clubs.

Background of the judgment

Diarra and his lawyers had filed a lawsuit against FIFA and the Belgian Football Association for damages and loss of earnings after a move to Sporting Charleroi fell through. Lawyers viewed the ruling as a major success as it could have huge implications for the regulation of the football labor market. The players' union Fifpro, which supported Diarra, also celebrated the ruling as significant for the future of professional football.

As a result, FIFA will now be forced to rethink its regulations. According to Paul Lambertz, a sports law specialist, it may be necessary to change the liability for new clubs in such cases. FIFA, in turn, maintains the position that most of its regulations are still valid and that only individual paragraphs are controversial.

Impact on the football world

Reactions to the verdict are consistently mixed. While parts of the media talk about a “Bosman 2.0”, which points to a possible revolution in the transfer systems, Lambertz emphasizes that the basic sanctions for players who terminate their contract without a valid reason will remain in place. The question of whether contracts in football will also be changed in general remains open.

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

Another feature of the ruling is the allowance that restrictions on the movement of players may be justified in certain circumstances in order to maintain competitiveness. In Diarra's case, however, the judges saw signs that FIFA was going beyond what was necessary with its regulations.

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