Former Chelsea and Real Madrid midfielder Lassana Diarra has won a significant legal battle against FIFA, overturning long-standing regulations that govern footballer contracts. The ruling from the Court of Justice of the European Union (CJEU) could transform the way players transfer between clubs, challenging FIFA’s authority on player movement.
Diarra’s case focused on FIFA’s rules that prevent players from signing with new clubs if they terminate their contracts prematurely. The regulations, part of FIFA’s Regulations on the Status and Transfer of Players (RSTP), were deemed unlawful by Europe’s highest court, as they conflict with European Union laws, specifically those related to freedom of movement and competition.
The dispute dates back to 2014, when Diarra was caught in a contractual battle with Russian club Lokomotiv Moscow. The club accused him of refusing to play after a disagreement over a proposed salary cut, leading to the termination of his contract. As a result, FIFA imposed harsh penalties, including a 15-month suspension and a €10 million (£8 million) fine.
Diarra challenged these sanctions in court, arguing that FIFA’s regulations unfairly restricted his ability to continue his career by joining a new club. The CJEU agreed with Diarra’s claims, stating, “The rules in question are such as to impede the free movement of professional footballers wishing to develop their activity by going to work for a new club.”
The court added that these rules impose “considerable legal risks, unforeseeable and potentially very high financial risks, as well as major sporting risks” on players and clubs, effectively stifling international transfers.
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Diarra’s legal team, led by Jean-Louis Dupont and Martin Hissel, hailed the ruling as a victory for all professional footballers. In a statement, they said, “All professional players have been affected by these illegal rules (in force since 2001!) and can therefore now seek compensation for their losses. We are convinced that this ‘price to pay’ for violating EU law will – at last – force FIFA to submit to the EU rule of law and speed up the modernisation of governance.”
This decision could have widespread consequences for FIFA’s transfer policies. FifPro, the global footballers’ union, which supported Diarra’s case, believes the ruling will reshape the professional football landscape. “This ruling will change the landscape of professional football,” FifPro said in a statement.
While the ruling opens the door for potential changes, FIFA has remained cautious, stating that it will “analyse the decision in coordination with other stakeholders” and refrain from commenting further until a full assessment has been made.