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Fifa transfer rules 'contrary to EU law', Diarra case finds

The Independent

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October 05, 2024

Fifa will have to update key paragraphs of its transfer rules to ensure punishment of players for breaking contracts is less draconian, after a European Court of Justice ruling on the Lassana Diarra case.

- MIGUEL DELANEY

Fifa transfer rules 'contrary to EU law', Diarra case finds

Although the immediate impact of yesterday's judgment is nowhere near as direct as the 1995 Bosman ruling, which instantly changed the nature of movement the next summer, future effects will depend on how this ruling is tested in court. That could yet lead to profound change in future.

The case came after Diarra's contract with Lokomotiv Moscow was terminated in 2014 and he asked Fifa to confirm he was a free agent so he could move to Charleroi. The process caused a delay that ultimately saw the Belgian club pull out of a deal, which the player and his representatives argued represented a restraint of trade.

The ECJ ruling has come down on Diarra's side as regards specific parts of Fifa Regulations on the Status and Transfer of Players, with a press release declaring them "contrary to EU law". That will specifically require a rewrite of article 17.2 regarding the manner in which compensation owed by a player who terminates their contract without just cause is paid.

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