Legal case a 'seismic confrontation' between players and Fifa
Background
Last year, the CJEU said that, by refusing to provide Diarra with an international transfer certificate (ITC) for a proposed move to Belgian club Charleroi in 2015 after he was found to have breached his contract with Lokomotiv Moscow (for which he was ordered to pay £8.4m to the Russian club and suspended), Fifa showed that its rules "impede the free movement of professional footballers wishing to develop their activity by going to work for a new club".Diarra's lawyers contested the Fifa rule which makes a club wishing to sign a player jointly liable for compensation to a player's old club, and at risk of sporting sanctions, in cases where the player's previous contract was terminated without just cause.They also challenged a rule which allows the national association of a player's former club to withhold an ITC where there was a dispute, which they said also hindered the move.The court ruled that Fifa should not be able to use the ITC system to prevent players who have breached a contract from moving and working where they choose.At the time Fifa said it had been "continuously improving" the transfer system "for the benefit of players, clubs, leagues and member associations, to ensure that players can train, be developed and have stability, while safeguarding the integrity of competitions by implementing a robust regulatory framework for the international transfer system".It then adapted its transfer regulations on an interim basis, but accepted they could be open to challenge. JFP claims that affected professional footballers have earned approximately 8% less over the course of their career as a result of Fifa's rules, and its litigation could mean players can terminate their own contracts.
'A huge hit'
Lucia Melcherts, the chair of JFP, said: "All professional football players have lost a significant amount of earnings due to the unlawful Fifa regulations. In any other profession, people are allowed to change jobs voluntarily. The same should be true in football, particularly as the average career span of a professional footballer according to a FIFPro study is only eight years long.""FIFA will find it difficult to put forward a robust defence to these claims in the face of a clear decision by the CJEU in the Diarra case that there was anti-competitive behaviour over several years", says Daniel Gore, an arbitration lawyer at Withers."The anticipated floodgate of claims has commenced, and Fifa's finances could take a huge hit at a time they are flying high after the expanded Club World Cup this year and World Cup in 2026."In a statement, the European division of global players' union Fifpro, which backed Diarra's case, said the action "represents the anticipated practical response" to the CJEU ruling, "effectively centralising advocacy for affected players' interests that have broad implications for the football industry".It said it would "thoroughly assess" the foundation's move, adding it "will always support fair compensation for affected players whose rights were breached, while driving meaningful reform towards inclusive governance structures in international football."This approach aims to shield past, current and future generations of players from unilateral and arbitrary decision-making processes that undermine or harm fundamental workers' rights and fair competition."Fifa has been approached for comment.
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