Following a ruling by the Court of Justice of the European Union, FIFA has adopted an interim framework for player status and transfer rules, world football’s governing body announced on Monday.
In October, the EU Supreme Court ruled in a case involving former Chelsea, Arsenal and Real Madrid player Lassana Diarra that some of FIFA’s rules on player transfers violate European Union law and freedom of movement principles. He said that
The interim regulatory framework will affect the calculation of compensation payable in the event of a breach of contract and the burden of proof regarding both the compensation payable and the inducement to breach the contract.
The Framework adds a general definition of “just cause”, which defines “just cause” as “any situation in which the parties can no longer reasonably and in good faith expect to continue the contractual relationship.” shall also exist.”
The interim regulatory framework is not based on any particular calculation criteria that the court has deemed problematic.
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Instead, compensation is calculated in an objective and transparent manner at the level necessary to restore the party harmed by the breach to the position it would have been in had the breach not occurred.
FIFA requested consultations with all key stakeholders before drafting the interim amendments, which will take effect on January 1, 2025, but players’ association FIFPRO declined to participate in the consultations.
FIFPRO issued a statement criticizing FIFA’s decision, saying it had been unable to reach an agreement to negotiate changes to its rules to reflect the ruling.
“We cannot agree with the interim measures announced by FIFA, which were introduced without a proper collective bargaining process,” FIFPRO said in a statement.
“This measure does not provide legal certainty for professional footballers and does not reflect the judgment of the European Court of Justice.”
In 2014, Diarra left Lokomotiv Moscow after one year on a four-year contract, but the Russian club was accused by FIFA of violating rules when a player who decides to leave without a valid reason is terminated. I have raised this issue with the Dispute Resolution Office. Salary cut.
Diarra received an offer from Belgian club Charleroi, but the club withdrew after FIFA refused to sign an international transfer certificate, preventing the midfielder from registering with the Belgian federation.
According to the CJEU’s judgment, refusing to sign the ITC is illegal.
In 2015, FIFA ordered Diarra to pay 10 million euros ($11 million) in damages to Lokomotiv, which caused the player to seek damages from soccer’s world governing body and the Belgian Football Association in a regional court. filed a lawsuit.
