Former French Footballer Lassana Diarra Challenges FIFA Transfer Rules at EU Court

Lassana Diarra, a former French professional footballer, has challenged FIFA's rules on player transfers at the Court of Justice of the European Union (CJEU). Diarra claims that some of FIFA's rules, such as holding a new club jointly liable for paying compensation to a player's former club, hinder players' efforts to find new teams and restrict clubs' ability to recruit players, thereby affecting competition in the transfer market.

The case centers on Diarra's contract termination with Russian club Lokomotiv Moscow in 2014, and the subsequent compensation claim. Diarra signed a four-year contract with Lokomotiv Moscow in 2013, which was terminated a year later. Lokomotiv then applied to FIFA's Dispute Resolution Chamber for compensation, and Diarra counterclaimed for unpaid wages. "The search for a new club was difficult because, under FIFA regulations, any new club would be held liable to pay compensation to Lokomotiv," Diarra argued.

The case was referred to the CJEU, and Advocate General Maciej Szpunar has opined that some of FIFA's transfer rules may be contrary to EU law, as they limit clubs' ability to recruit players and affect competition in the player transfer market. Szpunar stated that FIFA's transfer rules can limit the possibilities for players to change clubs and for clubs to hire players, which can be in breach of EU laws.

Why this matters: A ruling by the CJEU in favor of Diarra would be a milestone in modernizing football governance in the EU, as it would allow players' unions and clubs' unions to regulate their employment practices more freely. The case highlights the tension between FIFA's regulations and EU legislation, particularly regarding the ability of players to move freely between clubs within the EU.

The Advocate General finds that the FIFA transfer regulations limit the possibility for players to switch clubs and for new clubs to hire players, which can effectively prevent a player from exercising their profession in another EU member state. A verdict is expected in the coming months, and the CJEU often follows the Advocate General's opinion, though not always. Diarra's lawyers have recommended that the CJEU side with the player, stating that this will "put an end to the degrading practice of commoditising players".

Key Takeaways

• Lassana Diarra challenges FIFA's player transfer rules at EU Court of Justice.
• Advocate General opines some FIFA rules may breach EU law by limiting player mobility.
• Case centers on Diarra's contract termination with Lokomotiv Moscow and compensation claim.
• Ruling in Diarra's favor could modernize football governance in the EU.
• CJEU often follows Advocate General's opinion, though verdict expected in coming months.