Potential Landmark Change in Transfer Market Due to Diarra Case
Former Arsenal and Chelsea midfielder Lassana Diarra is set to hear the Court of Justice of the European Union's decision after a decade-long legal battle with FIFA, The Guardian reported. This case could potentially reshape the future of the transfer market. Stemming from Diarra's contractual dispute with Lokomotiv Moscow in 2014, where FIFA ruled against him, Diarra was ordered to pay €10.5m in damages – a decision upheld by the Court of Arbitration for Sport. His challenge revolves around the interpretation of FIFA’s transfer regulations, arguing they restrict freedom of movement and the free competition principles within the EU.
The situation is reminiscent of the landmark Bosman ruling if Diarra's challenge is successful, which allowed players to move clubs without transfer fees post-contract. Diarra's lawyer, Jean-Louis Dupont, also advocated for Bosman, underscoring the regulations that he claims violate free worker movement. An advisory opinion by CJEU’s advocate general, Maciej Szpunar, opposed FIFA’s restrictive rules.
Diarra’s case is tied intricately to potential changes in FIFA’s regulations, depending on the CJEU’s judgment, possibly requiring amendments to align with EU law. These could give added leverage to both players and clubs by allowing greater contract flexibility, akin to standard employment sectors, and foster freer competition. However, if the court rules against Diarra, he faces significant financial penalties, while current regulations would remain unaffected.
Complicating Diarra’s career further, clubs hesitated to recruit him during the dispute due to associated financial liabilities; a concern underscored while he was in limbo. Eventually, Diarra joined Marseille in 2015, though such disputes echo with broader implications for the breadth of contract and player movement legality across the sport.
Earlier, SSP wrote that Antoine Griezmann retired from international football.