A sentence of Court of Justice of the European Union (CJEU) scheduled for Friday in the case of Lassana Diarra against him Lokomotiv Moscow can upend the transfer system in football by allowing a player to unilaterally break his contract.
“In a way, the case of Lassana Diarra is the case of Bosman 2.0,” said the Belgian lawyer. Jean-Louis Dupontwho defends Diarrhea and who ruled 30 years ago in Belgium Jean-Marc Bosman, sponsor of the 1995 decision that bears his name and ends quotas for foreign players at a club.
For once, a decisive match for international football was played in Luxembourg, home of this European court.
“If this decision reflects the conclusions of Advocate General of the CJEUthe current FIFA transfer system is dead,” added Me Dupont. The rules that hinder Diarrhea Finding a new club to work in “violates the free movement of workers,” he said.
The lawyer refers to the conclusions issued on April 30 by the first Advocate General of the Court of Justicethe Polish Maciej Szpunar, according to which FIFA’s rules to “limit the contracting capacity of clubs” are contrary to the principle of free competition in the EU.
Other jurors familiar with the case were more restrained and did not predict a ‘sentence Lassana Diarrasentence size boss man. The case of the Belgian player, which already affected the free movement of players, revoked all rules limiting the number of players of different nationalities in club squads, thus liberalizing the transfer market in Europe.
The related dispute between the former French international (34 caps) and the Locomotive can allow a player who is ‘in the attic’, i.e. clearly not included in the squad, to unilaterally break his contract without him being liable to the future club for the legal risks and fines he may incur.
Diarra’s story
The story goes back ten years. In 2014, girl he fell into the railwaymen’s club of Moscow because he did not take a drastic cut in his salary. Lokomotiv asked for 20 million euros, reduced to 10.5 million, for damages.
According to the rules of FIFAif a player unilaterally terminates his contract ‘without just cause’, he must pay compensation including his salary and benefits until the end of his contract. The club that acquired the player can be included in the compensation.
For his part, the player asked the FIFA six million euros, arguing that his transfer rules prevented him from practicing his profession for most of the 2014-2015 season.
With the sword of Damocless hanging over his head, clubs were not rushing to sign Diarra. In Belgium, Charleroi surrendered, fearing possible legal and financial consequences.
The former French international, who recovered with Olympique de Marseille In 2015, he decided to take the case to court, supported by the international players’ union Fifpro.
After some comings and goings, the Belgian court, whose jurisdiction is FIFAraised a ‘preliminary question’ before the CJEU in 2022.
In essence, the question is: are the rules governing the status and transfer of players compatible with EU competition law and freedom of movement?
According to Defender General Szpunarthe provisions applied by FIFA are able to prevent and prevent clubs from signing players for fear of financial risk.”
“Limiting the ability of clubs to recruit players will necessarily affect the competition between clubs in the market for the recruitment of professional players,” argued the Polish lawyer.
If he CJEU If this decision is followed, players will be able to leave their clubs without fear of being caught legally should they find themselves in the loft.
Source: La Verdad
I am Shawn Partain, a journalist and content creator working for the Today Times Live. I specialize in sports journalism, writing articles that cover major sporting events and news stories. With a passion for storytelling and an eye for detail, I strive to be accurate and insightful in my work.
