The footballer who would make FIFA tremble and who would change the market forever

A landmark ruling from the European Court of Justice (CJEU) has dealt a significant blow to FIFA's transfer regulations, forcing the governing body of football to amend certain aspects of its rules. The court has declared that two specific articles of FIFA's Regulations on the Status and Transfer of Players (RSTP) are incompatible with EU law.

The ruling, which came in response to a case brought by former Real Madrid and Paris Saint-Germain midfielder Lassana Diarra, challenges Articles 17.4 and 17.5 of the RSTP. These articles, which govern the relationship between players and clubs in the event of contract disputes, have been deemed to hinder the free movement of workers within the European Union.

The CJEU found that these regulations, which can impose significant financial penalties and transfer bans on players and clubs involved in contract disputes, restrict competition and the free movement of workers. The court emphasized the importance of competition in the professional football sector and stated that rules that unduly restrict this competition are contrary to EU law.

Implications for the Transfer Market

This ruling is expected to have a profound impact on the global transfer market. By declaring that FIFA's rules on player transfers are partially incompatible with EU law, the CJEU has opened the door for significant changes to the way football transfers are conducted.

Some of the potential consequences of this ruling include:

• Increased player mobility: Players may have greater freedom to move between clubs, as the barriers to transfers will be lowered.
• Reduced financial risks for clubs: Clubs will be less hesitant to sign players who are involved in contract disputes with their former clubs, as the financial risks associated with such transfers will be reduced.
• Greater competition between clubs: The ruling could lead to increased competition between clubs for players, as clubs will have more opportunities to sign players from other leagues.

The Diarra Case

The case that led to this landmark ruling involved former French international Lassana Diarra, who challenged FIFA's regulations after his contract with Lokomotiv Moscow was terminated. Diarra argued that the rules governing contract disputes between players and clubs were unfair and hindered his ability to find a new club.

The CJEU agreed with Diarra's arguments and found that the relevant provisions of the RSTP were incompatible with EU law. The court's decision is a victory for player rights and is likely to be welcomed by football associations and players' unions across Europe.

What's next for FIFA?

FIFA will now be required to amend its transfer regulations to comply with EU law. The governing body will have to find a way to balance the need to protect the interests of clubs with the need to ensure that players have the freedom to move between clubs.

It is expected that the changes to the transfer regulations will take some time to implement, as FIFA will need to consult with its member associations and other stakeholders. However, this ruling marks a significant turning point in the history of football and could have far-reaching consequences for the sport.

In conclusion, the CJEU's ruling is a major victory for player rights and is likely to lead to significant changes in the global transfer market. By challenging FIFA's transfer regulations, the court has helped to create a more competitive and equitable environment for football players.