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.” “It is assumed that there also exists.”
The interim regulatory framework is not based on any particular calculation criteria that the court has deemed problematic.
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 football players 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, leading to a FIFA dispute with the Russian club for violating regulations when the player was released from the contract after deciding to leave without justifiable reason. I raised the issue with the 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 and the midfielder was never registered with the Belgian federation.
According to the CJEU’s judgment, refusing to sign the ITC is illegal.
In 2015, FIFA ordered Diarra to pay Lokomotiv 10 million euros (approximately 1.1 billion yen) in damages, and Diarra filed a lawsuit seeking damages in a local court against soccer’s world governing body and the Belgian Football Association. I woke you up.
