Former midfielder Lassana Diarra challenged rules in potentially explosive case that brings concept of transfer fees into question
Flags at the Court of Justice of the European Union in Luxembourg, where the ruling on international transfers of professional footballers was announced. Photograph: EPAThe court of justice of the European Union has said that key Fifa rules governing the transfer system are “contrary to EU law”, which could have potentially explosive consequences for the future of club football.
In a statement released by the CJEU, headed – “Some FIFA rules on international transfers of professional footballers are contrary to EU law” – the court laid out the top line judgments which will now be subject to further scrutiny by the Belgian courts, where the case originally began. League of Ireland revenue is at an all-time high but so are club losses, due to ‘messed-up business models’Secondly, the court said, “as regards competition law, the Court holds that the rules at issue have as their object the restriction, and even prevention, of cross-border competition which could be pursued by all clubs established in the European Union, by unilaterally recruiting players under contract with another club or players about whom it is alleged that the employment contract was...
The genesis of the case reaches back to 2014, when Diarra was playing for Lokomotiv Moscow. The then-France international was in dispute with the Lokomotiv over his salary. The club decided this amounted to a breach of contract and terminated it. They then took Diarra to Fifa’s dispute and resolution chamber , seeking damages. Despite a counterclaim from Diarra, the DRC found in Lokomotiv’s favour and fined Diarra €10.5m.
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