By Robbie Butler
The court of justice of the European Union (CJEU) has justed ruled in favour of former French international Lassana Diarra in his case against FIFA's transfer rules.
Diarra, who played in the English Premier League previously for Chelsea, Arsenal and Portsmouth, as well as Real Madrid, took a case against FIFA when he was denied an international transfer certificate back in 2015 following a dispute with his then employers Lokomotiv Moscow.
The club has taken the player to the Court of Arbitration for Sport (CAS), for breach of contract, and Diarra was ordered to pay a €10 million fine (similar to his transfer fee) as well as €110,000 to the CAS. Diarra had sought a move to Belgian club Royal Charleroi but was permitted to move by FIFA.
The win for Diarra today means that the current rules effectively impede the free movement labour, a cornerstone of the European Single Market. The court went onto say that the rules “do not appear to be indispensable or necessary”.
What does this potentially mean? In theory, if applied, a player could potentially walk away from a contract mid-season, without compensation for the club holding the contract. What an impact that would have on the game. Not just for the clubs but the players themselves.
What happens next is anyone's guess. But there is a bit of a "Bosman" feeling on this. And how serendipitous is this, Diarra was prevented moving to the city of Charleroi - to Royal Charleroi S.C. The last two professional games of Marc Bosman's career were played for R. Olympic Charleroi. What an impact the Belgian city has had on football.
The court of justice of the European Union (CJEU) has justed ruled in favour of former French international Lassana Diarra in his case against FIFA's transfer rules.
Diarra, who played in the English Premier League previously for Chelsea, Arsenal and Portsmouth, as well as Real Madrid, took a case against FIFA when he was denied an international transfer certificate back in 2015 following a dispute with his then employers Lokomotiv Moscow.
The club has taken the player to the Court of Arbitration for Sport (CAS), for breach of contract, and Diarra was ordered to pay a €10 million fine (similar to his transfer fee) as well as €110,000 to the CAS. Diarra had sought a move to Belgian club Royal Charleroi but was permitted to move by FIFA.
The win for Diarra today means that the current rules effectively impede the free movement labour, a cornerstone of the European Single Market. The court went onto say that the rules “do not appear to be indispensable or necessary”.
What does this potentially mean? In theory, if applied, a player could potentially walk away from a contract mid-season, without compensation for the club holding the contract. What an impact that would have on the game. Not just for the clubs but the players themselves.
What happens next is anyone's guess. But there is a bit of a "Bosman" feeling on this. And how serendipitous is this, Diarra was prevented moving to the city of Charleroi - to Royal Charleroi S.C. The last two professional games of Marc Bosman's career were played for R. Olympic Charleroi. What an impact the Belgian city has had on football.
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