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High Court Rules FIFA Transfer Regulations Violate EU Law in Lassana Diarra Case

Posted : 05 October 2024

The European Union's High Court of Justice has ruled that several FIFA regulations on player transfers violate EU law, marking a significant legal development. This decision stems from a lawsuit filed by former French footballer Lassana Diarra, who challenged FIFA’s rules regarding player mobility and contract termination. The ruling comes after a protracted legal battle and raises concerns about how FIFA's current policies impact the freedom of movement for players within the European Union.

 

The court found that FIFA's restrictions, particularly those limiting a player's ability to join a new club after a contract is unilaterally terminated, were incompatible with EU laws on competition and free movement. This ruling echoes Diarra's situation when his contract with Lokomotiv Moscow was terminated in 2014. The Russian club demanded a hefty compensation of €20 million, and when FIFA intervened, Diarra was ordered to pay €10 million. This made it nearly impossible for him to join other clubs due to the financial and legal risks involved, effectively trapping him at Lokomotiv.

 

Diarra's legal team, led by Jean-Louis Dupont, likened the court's ruling to the landmark Bosman ruling of 1995, dubbing it "Bosman Rule 2.0." Dupont was also involved in the original Bosman case, which revolutionized player transfers by allowing athletes to move freely at the end of their contracts and removed restrictions on foreign players in European leagues. This new ruling, according to Dupont, is another victory for player freedom, reinforcing the rights of athletes to negotiate transfers without being subjected to excessive restrictions.

 

The court acknowledged that while some limitations are necessary to preserve team stability, FIFA's current regulations go beyond what is required for that purpose. Lassana Diarra, who earned 34 caps for the French national team, ultimately ended his career at Paris Saint-Germain in 2019. This ruling not only vindicates Diarra but also sets a precedent that could reshape player transfer rules across Europe.

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