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Business Wire
7 days ago
- Politics
- Business Wire
Class Action Against FIFA and EU Football Associations on Behalf of Football Players Launched Today by 'Justice for Players', a Dutch Foundation
AMSTERDAM--(BUSINESS WIRE)--The Justice for Players Foundation ('JfP'), a Dutch Foundation has today launched a class action on behalf of professional football players who have been affected by the FIFA Regulations. The claim against FIFA and several national football associations, including the KNVB, the Football Association of the Netherlands, will be filed at the District Court of Midden-Nederland. JfP intends to represent all professional footballers who are playing or who have played in clubs in the European member states and the United Kingdom and who have been adversely affected by FIFA's unlawful rules from 2002 to the present. Preliminary estimates indicate that the number of affected footballers may comprise approximately 100,000 players. This case is being brought in the Netherlands under the Dutch Act on the Settlement of Mass Damages in Collective Action (WAMCA), which allows this legal action to be launched by JfP on behalf of a large group of professional footballers. The case has been launched following the CJEU judgment in October 2024 in the case brought by football player Lassana Diarra and FIFPRO Europe/FIFPRO World against FIFA, which found that the FIFA Regulations seriously infringed EU competition law and the right to free movement of workers, making it extremely challenging for a player to terminate their employment contract without just cause. In short, the CJEU ruled that the FIFA Regulations violated two core principles of European law: free movement of workers and fair competition. By stating unequivocally that FIFA's rules were unlawful and that those rules caused all players to suffer a financial loss, the CJEU in its judgement gave the green light to a Europe-wide class action. This is a classic follow-on claim, in line with the EU Representative Action Directive, that seeks to ensure that the rule of law is upheld, that FIFA is held to account and that all players receive the compensation that is owed to them. In particular, the CJEU noted that the FIFA Regulations had the effect of restricting the free movement of workers and competition by: establishing unlawful criteria for determining the severance 'compensation' a player must pay to their former club; allowing the national federation of the former club to withhold the issuance of an International Transfer Certificate (ITC), without which a player cannot play for a new club; making the player's new club automatically jointly and severally liable for the compensation to be paid to the former club and allowing FIFA to impose disciplinary sanctions on the player and their new club. The unlawful FIFA Regulations granted FIFA complete control over how and when players leave their current football clubs and under what conditions, effectively enforcing an extremely restrictive 'no-poaching agreement'. A preliminary analysis by economists at Compass Lexecon has estimated that affected professional footballers have earned approximately 8% less over the course of their career than they would have if the FIFA Regulations had not been unlawfully restrictive. Lucia Melcherts, Chair of the Board Member of Justice for Players, said: ' All professional football players have lost a significant amount of earnings due to the unlawful FIFA Regulations. 'Justice for Players' is bringing this claim to help achieve justice for footballers and fairness. The past and even current system unduly favours FIFA who has far too much unilateral power. 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 8 years long.' Franco Baldini, Board Member of Justice for Players, said: ' As a former professional footballer, agent and someone who has worked in football in various managerial capacities, I have had first hand experience, in particular with the Mexes case in 2004, of how much control and power FIFA has over the players. So I am very proud to be part of the Foundation 'Justice for Players' and to be part of something that could help change the existing system and make football more inclusive and more sustainable. ' Dolf Segaar, Board Member for Justice for Players said: ' This claim against FIFA brought by 'Justice for Players' is an important and necessary next step that will allow footballers to assert their rights as EU workers and receive compensation from an organisation that for far too long has willingly ignored the rule of EU law. The CJEU ruled in a crystal-clear manner that the FIFA Rules on termination of contracts and transfer were blatant violations of EU competition law and free movement of workers. And the CJEU also made clear that such unlawful rules had caused players to suffer financial losses. Under EU law, victims of such violations are entitled to compensation for the losses they have suffered and that is an important part of what this class action is about.' Koen Rutten, Partner at Finch Dispute Resolution, said: ' For over 20 years, FIFA has enforced unlawful rules at the expense of professional footballers. Finch is supporting 'Justice for Players' so that FIFA can be held accountable and ordered to compensate footballers whose earnings have been impacted by these unfair and illegal rules. Not only are we seeking damages for footballers who have been disadvantaged by the rules that mainly benefit FIFA and the football associations, but through this legal action we are seeking changes to the FIFA Rules so that professional players can finally have greater control over their careers.' For further information please visit: Notes to Editors About Justice for Players Justice for Players was founded to advocate for the interests of professional footballers across Europe. The board comprises of three members: Lucia Melcherts, Dolf Segaar and Franco Baldini. Lucia Melcherts has been the chair of Stichting Massaschade & Consument (Foundation for Mass Damages & Consumers) since 2021. She also holds the position of Coordinating Specialist Advisor at the Dutch Ministry of Justice and Security. Dolf Segaar founded his own law firm Segaar Law in July 2021, specialising in governance and litigation, with a strong focus on sports law. Franco Baldini is a former professional footballer and agent and spent over 20 years in different senior management roles at top international clubs and organizations, including AS Roma, Real Madrid, Tottenham Hotspur and the England National Team. He currently runs his own consulting firm IC20 Ltd. About Finch Finch Dispute Resolution is an independent Dutch litigation boutique law firm, founded in 2022. With a team of around 18 specialised litigators and 5 partners based in Utrecht, the firm handles corporate, commercial, financial, and class-action disputes—domestically and internationally. About Dupont-Hissel Jean-Louis DUPONT and Martin HISSEL are specialists in European law, particularly as applied to the sports sector. Together they have defended hundreds of cases, acting on behalf of all stakeholders in the professional sports sector, before the CJEU, the European Commission, the European Court of Human Rights, national competition authorities, national courts, international (including CAS) and national arbitration tribunals, and the internal judicial bodies of national and international sports associations. In particular, they have led and co-managed cases that resulted in landmark judgements of the CJEU regarding sports governance in the EU and beyond: Bosman (1995), Meca-Medina (2006), Royal Antwerp FC (2023), European Super League (2023), Lassana Diarra (2024) and RFC Seraing (2025). About Deminor Founded in 1990, Deminor is a leading international litigation funder with offices in Brussels, London, Hamburg, New York, Hong Kong, Madrid, Milan, Stockholm and Luxembourg. Combining skill sets from 19 different nationalities and 22 languages, Deminor possesses a highly respected and diverse team of legal and financial specialists across a range of specialisms including arbitration, enforcement, intellectual property, competition, investments & tax, corporate & post-M&A.
New Straits Times
7 days ago
- Business
- New Straits Times
FIFA faces Dutch class action over player transfer regulations
LONDON: A Dutch football players' group is preparing a "potentially billion-dollar" class action claim against FIFA and other associations, seeking compensation over alleged loss of income due to restrictive transfer rules, it said on Monday. The Dutch Foundation for Justice said world governing body FIFA's rules had affected approximately 100,000 players in European member states and the United Kingdom since 2002. The foundation added that consultancy firm Compass Lexecon had estimated that damages could run into billions of euros, with the foundation's board member Dolf Segaar telling Dutch news agency NOS that "it is a billion-dollar claim." The Dutch Football Association (KNVB) is among the associations to be named in the suit. "This case is being brought in the Netherlands under the Dutch Act on the Settlement of Mass Damages in Collective Action (WAMCA), which allows this legal action to be launched by JfP on behalf of a large group of professional footballers," it added. FIFA and the KNVB did not immediately respond to emailed requests for comment. The foundation added that a preliminary analysis from global economic consulting company Compass Lexecon estimated that professional footballers collectively earned around eight per cent less over their careers than they would have due to FIFA's regulations. "All professional football players have lost a significant amount of earnings due to the unlawful FIFA Regulations," foundation chair Lucia Melcherts said in a statement. "'Justice for Players' is bringing this claim to help achieve justice for footballers and fairness." The foundation added that the case was launched following a ruling on French player Lassana Diarra, who was fined €10 million by FIFA for leaving Lokomotiv Moscow one year into a four-year deal. In October 2024, the Court of Justice of the European Union said some of FIFA's rules on player transfers went against European Union laws and free movement principles in the case linked to former Chelsea, Arsenal and Real Madrid player Diarra. Following the ruling by the EU's top court, FIFA in December adopted an interim framework concerning the Regulations on the Status and Transfer of Players. The interim regulatory framework affects the calculation of compensation payable if there is a breach of contract and the burden of proof in relation to both compensation payable and an inducement to breach a contract. Justice for Players said it will be advised by law firm Dupont-Hissel, founded by Jean-Louis Dupont. Dupont is the same lawyer who took the landmark case of Belgian Jean-Marc Bosman, which in 1995 cleared the way for players in the European Union to move to other clubs at the end of contracts without a transfer fee being paid. Dupont-Hissel also represented Diarra in his case against FIFA, with Dupont saying in 2024 that a judgment backing the player would be a milestone in modernising football governance. He added that it would allow players' unions and club associations to regulate their employment practices. - Reuters
New York Times
11-04-2025
- Sport
- New York Times
Osasuna appeal over eligibility of Barcelona's Inigo Martinez dismissed by Spanish FA
The Spanish Football Federation (RFEF) has dismissed Osasuna's appeal regarding Inigo Martinez's eligibility to play in March's La Liga defeat to Barcelona. Osasuna had alleged that, according to FIFA regulations, Martinez was ineligible to play in the fixture after he withdrew from the Spain squad through injury. Advertisement Osasuna cited Article 5 of Annex I of the FIFA Regulations and argued that the fixture's proximity to the international window meant the defender should not have been allowed to play after dropping out of the Spain squad on medial grounds, and the club filed an 'improper line-up' appeal to the RFEF. However, this was dismissed by the RFEF on Friday, meaning Barcelona's 3-0 win will stand and the club will maintain their four-point lead over Real Madrid at the top of La Liga. Had Osasuna's appeal been successful, this could have had significant implications on the Spanish title race, with RFEF regulations stating in the instance of a club fielding a player who does 'not meet the requirements to participate' the club shall forfeit the match and the opposition will be declared the winner. The fixture between the two sides had been postponed and rescheduled from March 8 following the death of Barcelona's first-team doctor, Carles Minarro Garcia. Both Barca and Osasuna appealed the date it had been rescheduled for due to its proximity to the international break and the lack of rest time this would allow for, but this was rejected by the RFEF. Martinez, 33, has played an important role in Barcelona's title challenge, making 23 league appearances and playing the full 90 minutes in the win over Osasuna. Goals from Ferran Torres, Dani Olmo and Robert Lewandowski had secured a 3-0 win for Hansi Flick's side. Barcelona return to action against Leganes on Saturday. ()
New York Times
28-03-2025
- Sport
- New York Times
Osasuna file appeal over Barcelona fielding Inigo Martinez in La Liga win
Osasuna have filed an appeal to the Spanish Football Federation (RFEF) alleging Inigo Martinez was ineligible to play in their 3-0 defeat against Barcelona on Thursday. Barca defender Martinez withdrew from the Spain squad for March's international break which Osasuna argue made him ineligible to play against them in Thursday's La Liga fixture, as per FIFA regulations. Advertisement RFEF regulations state in the instance of a club fielding a player who does 'not meet the requirements to participate' the club shall forfeit the match and the opposition will be declared the winner. In a statement released on Friday, Osasuna cited Article 5 of Annex I of FIFA Regulations, which states a player is, 'unless otherwise agreed by the relevant association, not entitled to play for the club with which he is registered during the period for which he has been released or should have been released… plus an additional period of five days.' Martinez, a key player in Barcelona's La Liga title challenge this season, withdrew from Spain's squad on March 17 due to a knee injury. FIFA's official match calendar notes the recent international window, the period in which players must be made available for their national teams, was March 17 to March 25. Barcelona's match against Osasuna took place two days later on March 27. Osasuna forward Bryan Zaragoza and Barca midfielder Marc Casado also dropped out of the Spain squad through injury. Osasuna added: 'In compliance with the aforementioned FIFA Regulations, none of these players were eligible to participate in the match that took place yesterday.' The statement continued: 'Given medical leave was the justification for the dropping (of Martinez), as was communicated by the RFEF itself, Club Atletico Osasuna understands that this case cannot be covered by any exceptional situation that makes the FIFA Regulations not applicable.' Gerard Martin, Pablo Torre, and Fermin Lopez also withdrew from the Spain Under-21 squad and played on Thursday, but as this was not on medical grounds Osasuna described this as 'a separate matter'. Ferran Torres, Dani Olmo and Robert Lewandowski all scored as Barca secured a 3-0 win over Osasuna on Thursday. Advertisement A successful appeal from Osasuna would have significant implications on the title race in La Liga, with Barca three points clear of Real Madrid with eight games remaining. The RFEF rulebook states: 'A club that improperly fields a player who does not meet the requirements to participate in a match shall forfeit this match and the opponent shall be declared the winner with a score of three goals to zero.' There is a Clasico to come at Montjuic on the weekend of May 10-11 and if the teams finish level on points at the end of the season, the champions will be decided by whichever team has the better head to head record. Thursday's fixture had been postponed and rescheduled from March 8 following the death of Barcelona's first-team doctor, Carles Minarro Garcia. Both Barca and Osasuna appealed the date it had been rescheduled for due to its proximity to the international break and the lack of rest time this would allow for, but this was rejected by the RFEF. Osasuna have previously had a result against Barcelona overturned due to player eligibility rules; Barcelona Women were kicked out of the Copa de la Reina in January 2023 after fielding Geyse, who was suspended following a red card in the previous season's competition, against Osasuna in the last-16 stage. ()
