Lassana Diarra’s lawsuit against FIFA could plunge the footballing world into crisis, especially regarding players’ transfers.
The footballing world could be set for one of its biggest upsets ever, considering the possibility of transfer fees being scrapped due to the resolved lawsuit.
Lassana Diarra took the world football’s governing body, FIFA, to court following a disagreement with his former club, Lokomotiv Moscow.
The Russian-based club sacked the former Arsenal player on accounts that he refused to show up for training over a pay dispute. The Frenchman took up the case with FIFA, which only led to him being fined a massive £16m.
Meanwhile, Belgian side FC Charleroi had begun to show interest in Diarra during this period and even offered him a contract but the team ultimately backed out when they were informed by FIFA they would have to pay the fee the Frenchman owed Lokomotiv Moscow.
This prompted the player to appeal at the Court of Arbitration of Sports, which led to the fee being reduced to £8m. The case has since gone up to the European Court of Justice based in Luxemburg.
Lassana Diarra’s lawsuit: the footballer’s argument
Diarra’s lawyer, Jean Louis Dupont, is a familiar face in the footballing world. He is recognized for being the anchor of the Bosman ruling in the 1990s – a ruling that caused a great change in European football.
Before the Bosman ruling, clubs used to demand a player transfer fee even after his contract had expired. Belgian footballer Jean-Marc Bosman accompanied by his lawyer Jean Louis Dupont, went to the European Court of Justice in a bid to contest against the rule.
The court ruled in his favor. The ruling meant players were free to move to any club once their contracts expired. This gave more power to the players during the final years of their deal.
Dupont, accompanying Diarra this time around, argued in the court that FIFA had broken European Labour laws, following their refusal to grant Diarra the International Transfer Certificate, which would see the Frenchman have the freedom to join any club of his choice and exercise his rights as a professional footballer.
While the full ruling has yet to be released, the preliminary ruling has stated clearly that FIFA has flouted EU rules by not allowing Lasagna Diarra to join another club.
They stated categorically that the World Football Federation’s current regulations are in breach of the European Union law on the free movement of people.
Lassana Diarra’s lawsuit: How it will impact football
Lassana Diarra’s lawsuit is set to have an epic impact on how football transfers are conducted.
The ECJ’s posturing in the preliminary judgment has already faulted FIFA.
The preliminary ruling reads;.
“The rules in question are such as to impede the free movement of professional footballers wishing to develop their activity by going to work for a new club.
“Those rules impose considerable legal risks, unforeseeable and potentially very high financial risks as well as major sporting risks on those players and clubs wishing to employ them which, taken together, are such as to impede international transfers of those players.”
Based on the ruling, there is a possibility the current football transfer system would be rendered null and void, due to the system’s breach of the EU laws. This means FIFA will lose their authority over player transfers. It also means players will be able to switch clubs and break their contract at whim with little to no repercussions.
Such development would also have an effect on smaller teams that depend on transfer incomes. It would also mean football stars would have a decision on the amount of wage they receive.
FIFA’s reaction to Lassana Diarra’s lawsuit ruling
FIFA still claims the ruling only questions a part of their transfer regulations involving players’ transfer and fees, not the entire provisions.
Notably, even though the EU claims the current rules prohibit EU anti-competition law, football experts believe it is highly unlikely that transfer fees will be scrapped or players allowed to decide when to end their contracts.
