Something happened in Luxembourg on Friday that will either bring an end to football’s transfer system as we know it, make the stars even richer, jeopardise player development and ruin hundreds of clubs across Europe, or it will make FIFA rewrite a couple of sentences in its rulebook.
As Sliding Doors moments go, that’s a stark choice: jump on board and take a trip to oblivion, or get the next train to where you went yesterday and every day for the last 20 years.
The agent of change in this analogy is the European Court of Justice ruling (ECJ) that some of FIFA’s Regulations on the Status and Transfer of Players — the set of rules that have defined the transfer system since 2001 — are against European Union (EU) law.
The EU’s highest court was asked to look at the regulations by an appeal court in Belgium that has been trying to settle a row between former player Lassana Diarra, in one corner, and FIFA and the Belgian football federation in the other.
That dispute has dragged on since 2015, but the Belgian court can now apply the ECJ’s guidance to the matter, which should result in some long-awaited compensation for Diarra and a redrafting of at least one article of FIFA’s rules.
But is that it? FIFA thinks so but The Athletic has heard from many others who say, no, that train has left the station and nobody knows where it is going.
So, let’s dive through the closing doors and see where we get to. But, before we do, let’s make sure everyone knows where we started.
What on earth are we talking about?
Good starting point.
After stints with Chelsea, Arsenal, Portsmouth and Real Madrid, Diarra moved to big-spending Anzhi Makhachkala in 2012. His time in Dagestan ended abruptly when the club ran out of money a year later but he had played well in the Russian league and Lokomotiv Moscow signed him to a four-year deal.
Sadly, after a bright start, the France midfielder fell out with his manager, who dropped him and demanded Diarra take a pay cut. The player declined and the situation deteriorated. By the summer of 2014, he had been sacked for breach of contract and Lokomotiv pursued him via FIFA’s Dispute Resolution Chamber for damages.
Using a rule of thumb developed over the previous decade, FIFA decided Diarra owed his former employer €10.5million (£8.8m, $11.5m) and banned him for 15 months for breaking his contract “without just cause”, its catch-all phrase for messy divorces. Diarra appealed against the verdict but it was confirmed in 2016 by the Court of Arbitration for Sport (CAS), albeit with a slightly reduced financial hit.
In the meantime, Diarra was offered a job by Belgian side Charleroi in 2015. They got cold feet when they realised that article 17 of FIFA’s transfer regulations — “the consequence of terminating a contract without just cause” — made them “jointly and severally liable” for any compensation owed to Lokomotiv and at risk of sporting sanctions, namely a transfer embargo.
Stuck on the sidelines, Diarra decided to sue FIFA and its local representative, the Belgian FA, for €6million in lost earnings.
Once his ban had expired in 2016, his football career resumed with a move to Marseille, and he would eventually retire in 2019 after stints with Al Jazira in Abu Dhabi and Paris Saint-Germain. His row with the football authorities continued, though, and, with the support of the French players’ union and FIFPRO, the global players’ union, he took it all the way to Luxembourg City, where he won, on Friday morning.
All caught up?
Erm… no — what has he won?
Ah, well, it depends on who you believe.
According to his lawyers, Jean-Louis Dupont and Martin Hissel, Diarra has won “a total victory”, but not just for him.
“All professional players have been affected by these illegal rules (in force since 2001!) and can therefore now seek compensation for their losses,” they said.
“We are convinced that this ‘price to pay’ for violating EU law will — at last — force FIFA to submit to the EU rule of law and speed up the modernisation of governance.”
As a heads-up, Dupont has considerable experience in this area — and we will return to him shortly.
FIFPRO, unsurprisingly, agrees. In a statement issued immediately after the decision was published, the union described it as a “major ruling on the regulation of the labour market in football (and, more generally, in sport) which will change the landscape of professional football”.
Later on Friday, it published a longer statement that expanded on its belief that this was both a big W for Diarra personally but also a class action victory for all players.
“It is clear the ECJ has ruled unequivocally that central parts of the FIFA Regulations on the Status and Transfer of Players are incompatible with European Union law,” it said.
“In particular, the ECJ has stated that the calculation of compensation to be paid by a player who terminates a contract ‘without just cause’ — and the liability for the player’s new club to be jointly liable for such compensation — cannot be justified.”
It continued by saying these clauses of article 17 of the regulations “are the foundation of the current transfer system and have discouraged numerous players from terminating their contract unilaterally and pursuing new employment”. Furthermore, it said, the ECJ agreed with the union that players’ careers can be short and “this abusive system” can make them shorter.
It leapt on the more memorable sections of what is a bone-dry, 43-page judgment (currently only available in French and Polish), by pointing out that the court’s judges think the criteria FIFA used for calculating Diarra’s fine, and other sanctions in cases like his, are “sometimes imprecise or discretionary, sometimes lacking any objective link with the employment relationship in question and sometimes disproportionate”.
It then suggested that the only way to remedy this, and the other problems the court highlighted, is for FIFA to talk it through properly with the unions and their members.
“We commend Lassana Diarra for pursuing this challenge which has been so demanding,” it continues.
“FIFPRO is proud to have been able to support him. Lassana Diarra — like Jean-Marc Bosman before him — has ensured that thousands of players worldwide will profit from a new system…”
Hold on… Bosman?
Yes, Bosman, another midfielder who did not quite live up to his early promise as a player but confounded all expectations as a labour-rights revolutionary and begetter of new worlds.
In case you are hazy on the details, Bosman found himself in a similar spot to Diarra in 1990 when he was out of favour at RFC Liege. The difference, however, is that he was out of contract and simply wanted to take up a new one just over the French border in Dunkerque. Liege said words to the effect of “OK, but only if they pay us half a million”, as was the custom back then.
Five years later, Bosman was finished as a player but not before he had claimed football’s most famous ECJ ruling — one that meant players were free agents once their contracts had expired, massively increasing their attractiveness to new employers, and bringing down European football’s long-standing restrictions on the number of foreign players clubs could field.
Dupont was his lawyer and that is partly why agents, union officials and some legal experts have been previewing Diarra as “the next Bosman” ever since one of the ECJ’s advocate generals — senior lawyers who help the judges make their decisions — published his non-binding opinion on the case earlier this year. The judges do not have to follow that guidance, but this time they did, almost verbatim.
So, that is why my phone started buzzing with contrasting predictions of what Diarra’s win would mean for the game long before anyone had got past the preamble of the ruling.