The Court of Justice of the European Union criticized Fifa this Friday in the case of the Diarra affair, finding that certain transfer rules were “contrary to EU law”, in particular on the free movement of players.
The ax fell in the Diarra affair presented as having the potential to revolutionize the transfer window. And it turned in favor of the former midfielder. The Court of Justice of the European Union (CJEU) ruled this Friday that certain FIFA rules governing transfers between clubs are “contrary” to European Union law and “likely to hinder free movement” professional footballers.
“A total victory”, according to Diarra’s lawyers
At the request of Belgian justice, the high court established in Luxembourg examined the case of former French international Lassana Diarra who had contested, ten years ago, the conditions of his departure from Lokomotiv Moscow. This departure was accompanied by financial penalties which pushed Sporting de Charleroi to abandon its recruitment.
The case pitted the former French international and the players’ union FIFPro against FIFA and the Belgian Football Federation (URBSFA). At the start of the 2014-2015 season, the former Chelsea player, under contract with Lokomotiv Moscow for a year, criticized his club for an unreasonable salary cut before learning a few weeks later that his contract had been terminated. . Lokomotiv had claimed that the player had no longer fulfilled his contract and was demanding 20 million euros before the Fifa disputes chamber and the Court of Arbitration for Sport (CAS). The player, in search of a rebound, came up against the fears of several interested parties regarding his legal situation, including Charleroi.
Lassana Diarra’s lawyers, Jean-Louis Dupont and Martin Hissel, reacted to the decision in a press release and will speak during the day. “For Lassana Diarra, who dared to challenge the all-powerful FIFA (and incidentally the Belgian football federation) and who has been waging a legal battle for 10 years (with the support of FIFPRO, FIFPRO Europe and the UNFP these last 3 years), it’s a total victory.”
“In the Diarra affair, the procedure before the Belgian courts began in 2015,” recalls the text. “At the beginning of 2016, the Charleroi Commercial Court ruled that FIFA rules contravened EU law. Since then, nine years have passed without FIFA and its members deigning to modify their system to bring it into compliance with EU law. FIFA and its members can therefore no longer claim to be surprised by the CJEU’s ruling.”
“Following the European Super League and Royal Antwerp FC judgments of December 23, 2023, the CJEU has – once again – severely censored the structurally illegal actions of current football regulators and thus paves the way for a modernization of governance, notably through the use of collective bargaining between employees and employers 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 is the price to pay. ‘ for the violation of EU law will – finally – force FIFA to submit to the EU rule of law and accelerate the modernization of governance.”
