The global players’ union Fifpro has voiced out their opinion that the recent court judgement on Fifa’s transfer rules will drastically alter the paradigm of professional football. The European Court of Justice (ECJ) determined that several of the regulations set by the global body are in contravention of EU law as they go against the principle of free movement and promote anti-competition. This ruling stemmed from a challenge by ex-Arsenal, Chelsea and Portsmouth player, Lassana Diarra.
Undeterred, Fifa has attempted to downplay the importance of the decision, arguing that it simply brings to question the phrasing of certain sections of two articles regarding player registrations and transfers. Nonetheless, Fifpro asserts the impact of this decision will be significant.
This ruling by the ECJ, according to Fifpro’s official statement, deems a major facet of Fifa’s transfer system, established since 2001, as hampering competition and infringing the free movement of employees.
Diarra, a French international, filed a lawsuit against Fifa, blaming two of the governing body’s rules for scuppering a transfer to Belgian club Charleroi following the termination of his contract with the Russian club, Lokomotiv Moscow in 2014.
The first regulation in question necessitates a new club and player to jointly compensate the previous club in situations where the player unlawfully terminates a contract. The second regulation permits the former club’s national association to deny an international transfer certificate (ITC) in cases of a contract dispute. Earlier, Fifa authorities had doubted the importance of the ITC rule. They pointed out that in any case, a club desiring to hire a player involved in a dispute could allow registration with the new team after referring the issue to Fifa.
This ruling is considered by many as the most prominent ruling since the 1995 Bosman verdict, which effectively allowed players to have complete freedom at the termination of their contracts. Friday’s ruling was dubbed a “complete triumph” for Diarra by Jean-Louis Dupont’s firm, who represented him. Dupont had previously worked on the Bosman case.
The assertion from the Dupont-Hissel firm suggests this decision could initiate a reform in governance concerning the transfer market, particularly implementing common American sports practices of collective negotiations between workers and their employers.
The judgement of the ECJ, due to be fully disclosed later on Friday, is to be returned to the Belgian appeal court from whence it came for a decisive conclusion on the specifics surrounding Diarra’s situation.
The ECJ’s press statement released on Friday morning suggested that the regulations under scrutiny could potentially hinder professional footballers’ ability to enhance their career by transitioning to a new team.
While the statement expressed that some movement restrictions may be deemed necessary for fair competition and the contractual stability of playing teams, the court believed the challenged rules exceeded what is necessary.
Fifa responded: “Fifa is gratified to see key aspects of the transfer system’s legality reaffirmed in the recent judgement. Only two passages from two different articles in the Fifa Regulations on the Status and Transfer of Players are being questioned, which the national court is now set to inspect. FIFA plans to review the decision in concert with other participants before offering additional commentary.”
Maheta Molango, CEO of the English players’ union the Professional Footballers’ Association, highlighted that this judgement could trigger significant implications for football.