The Court of Justice of the European Union finds that certain Fifa rules on football transfers are “contrary to the law”

He started the debate ten years ago by slamming the door of Lokomotiv Moscow. Lassana Diarra ended up winning her case against Fifa. The Court of Justice of the European Union (CJEU) ruled on Friday October 4 that certain rules issued by Fifa relating to transfers between clubs were “opposites” to European Union law and “likely to hinder free movement” professional footballers.

At the request of Belgian justice, the high court established in Luxembourg therefore examined the case of Lassana Diarra who had contested the conditions of his departure from Lokomotiv Moscow in 2014. Due to a drastic reduction in his salary, the former -French international had wanted to terminate his contract with the Moscow club, but the latter had deemed the termination unfair and had demanded 20 million euros – later reduced to 10.5 million – for the damage suffered. Consequence: the Belgian club Charleroi, once interested, finally gave up recruiting the Frenchman for fear of having to assume part of these penalties, in accordance with what Fifa demanded.

“[Ces règles de la Fifa] do not seem essential or necessary.

The Court of Justice of the European Union

The CJEU considers that certain FIFA rules “pose on these players and on the clubs wishing to engage them significant legal risks, unpredictable and potentially very high financial risks as well as major sporting risks, which, taken together, are likely to hinder the international transfer of players.”. Furthermore, these same disputed rules “are intended to restrict, or even prevent, cross-border competition in which all professional football clubs established in the Union could engage”.

Belgian lawyer Jean-Louis Dupont, who defends the now retired 39-year-old French player, welcomed this decision. “major for the regulation of the labor market in football (and more generally in sport)”.