The verdict in a decade-long legal battle initiated by former Arsenal and Chelsea midfielder Lassana Diarra against FIFA, the governing body of world football, is anticipated later this week. The case arose following a series of tumultuous transfers that significantly affected Diarra’s career. After leaving Real Madrid in September 2012, Diarra joined the wealthy Russian team Anzhi Makhachkala but soon moved to Lokomotiv Moscow after a brief season. Despite having three years left on his contract, Lokomotiv terminated the agreement due to missed training sessions, leading to a mandated compensation of nearly £10 million plus interest.
Diarra’s career faced a major hurdle when FIFA refused to issue the International Transfer Certificate (ITC), essential for registering a player, amid unresolved disputes between Lokomotiv and Anzhi, which were beyond his control. Supported by his legal team, which includes Jean-Louis Dupont, the famed Bosman ruling lawyer, and backed by unions UNFP and FIFpro, Diarra continued his legal battle against FIFA.
The Court of Justice of the European Union (CJEU) is currently assessing whether FIFA’s regulations on player transfers comply with European Union laws. Advocate General Szpunar has highlighted possible breaches, describing FIFA’s existing system as restrictive and deterrent. If the regulations are found unlawful, it could lead to significant changes in the global football transfer system.
Szpunar discussed potential breaches of European Union regulations by FIFA’s current rules, describing the existing system as “draconian.”
Szpunar remarked: “There can be little doubt as to the restrictive nature of FIFA’s regulation on the status and transfer of players. The consequences of a player terminating a contract without just cause are so draconian that it is highly unlikely that a player will go down this route. The contested provisions are designed in such a way as to have a deterrent effect and send a chill down each player’s spine.”
Significant shifts in football’s legal landscape could be on the horizon if the present guidelines are deemed unlawful. As Szpunar pointed out, the rules are made to deter players from lodging grievances, thus firmly tethering them to their present teams. For FIFA, the pivotal factor will be proving their rules are made for the benefit of the sport rather than self-interest. Failure to do so could upend the current transfer system.
Diarra, despite the hurdles, mentioned: “I will accept the situation as I have always done in the past,” yet continued to pursue his legal challenge with notable determination.
