After the Super League ruling, is FIFA now facing the next court challenge? The European Court of Justice is deciding on the transfer rules in football - and could cause a shake-up in world football.
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- The case of Lassana Diarra could change world football. The former French international complains about certain FIFA transfer rules.
- Is FIFA's transfer system illegal? That will be decided by the European Court of Justice (ECJ) on Friday.
- If the judges find that FIFA is in breach of EU law, the transfer system in football could be turned upside down. FIFA might then have to change its rules.
Are FIFA's transfer rules unlawful? The highest European court will decide on this question today, Friday. Depending on the outcome, the ruling could have far-reaching consequences for international football.
What the case is about
Former French professional footballer Lassana Diarra is complaining about certain FIFA transfer rules. He was signed by Russian club Lokomotiv Moscow in 2013. After just one year, there was a rift. The club terminated the contract and demanded compensation. The former Real Madrid professional in turn sued the club for outstanding wages.
Diarra claimed that the search for a new club was proving difficult. A contract with the Belgian club Sporting du Pays de Charleroi had not materialized. Diarra then sued FIFA and the Belgian Football Association for damages and loss of earnings amounting to six million euros. The Belgian court referred the case to the ECJ.
How a decision could turn out
The opinion of Advocate General Maciej Szpunar is an indication of how the judges might rule. In his opinion, he backed Diarra. He came to the conclusion that the transfer system could be unlawful. The FIFA rules are designed in such a way that clubs are reluctant to sign players for fear of financial risk.
Potential sanctions against clubs could actually prevent players from exercising their profession at a club in another member state. This could potentially restrict the EU right to freedom of movement.
In addition, the FIFA rules impaired competition between clubs because they reduced the opportunities to sign players, according to the opinion. However, the infringements of EU rules on freedom of movement and competition could be justified if a legitimate objective is pursued. The judges often follow the opinion of the Advocate General, but not always. In last year's ruling on the Super League, for example, the judges ruled completely contrary to the Advocate General's proposals.
What impact the ruling could have
In principle, the ECJ only rules on the questions referred to it. The specific case must then be decided by the national court - in this case the Belgian court - taking into account the ECJ's interpretation of the law. If the judges are as clear as the Advocate General and find that FIFA is in breach of EU law, the transfer system in football could be turned upside down. Because then FIFA might have to change its rules.
An ECJ ruling has already had a lasting impact on world football: with the so-called Bosman ruling, transfer fees could no longer be demanded from professionals after the end of their contract.
However, it is also conceivable that the ECJ will leave the transfer system largely untouched and FIFA will only have to make a few tweaks - for example, to shape the rules in such a way that the new club is not jointly liable with the player if the club was not involved in the termination of the contract.
UPDATE: It is now clear that the European Court of Justice has dealt FIFA a defeat. The world football association is in breach of EU law with some of its transfer regulations, it says. The Belgian court must now decide on the Diarra case and implement the requirements of the ECJ. What happens next will depend on how the associations implement the ruling.
