Ex-Arsenal and Chelsea star may bring biggest transfer market change for 30 years
Former Chelsea and Arsenal midfielder Lassana Diarra will on Friday learn the decision made by the Court of Justice of the European Union following a decade-long battle against FIFA
by Alan Smith · The MirrorIt has been billed as a court ruling that could change the transfer market forever.
Lassana Diarra will on Friday learn the decision made by the Court of Justice of the European Union following a decade-long battle against FIFA.
The case surrounds his controversial departure from Lokomotiv Moscow in 2014, an initial ruling that meant he had to pay millions in compensation and subsequent proposed transfers that broke down.
And if the CJEU sides with the former Arsenal and Chelsea midfielder it could have potentially seismic consequences for player recruitment with the game’s governing body set to redesign the rulebook in its wake so it aligns with EU law.
What is the case about?
Freedom of movement, essentially.
Diarra, the France midfielder who turned out for Chelsea, Arsenal and Portsmouth, had a salary dispute with Lokomotiv while being part of their squad in 2014. The club claimed he was in breach of his contract and terminated it before going to FIFA in pursuit of damages.
Diarra made a counterclaim but FIFA ruled in favour of the Russian club while saying the player had to cover damages costing €10.5m.
A free agent at the time, Diarra was offered a deal with Belgian side Charleroi, who demanded guarantees they would not be liable for any of the €10.5m (£8.8m) owed to Lokomotiv.
But FIFA were unable to provide that guarantee, pointing to agreements being required between national FAs, and in late 2015 Diarra then brought fresh legal action against the governing body and Belgian footballing authorities.
They have been locked in a court battle since.
How will the court rule?
An advisory opinion released by the CJEU’s advocate general Maciej Szpunar in April appeared to side with Diarra.
That is not a cast-iron guarantee that the final judgment will go the way of the former midfielder but it is rare that the court goes completely against the opinion.
“There can be little doubt as to the restrictive nature of Fifa’s regulation [of transfers],” Szpunar said in April. “By their very nature [the rules] necessarily affect competition between clubs on the market for the acquisition of professional players.”
He added that “the consequences of a player terminating a contract without just cause are so draconian that it [has] a deterrent effect [that can] send a chill down each player’s spine.”
A win for FIFA, then, appears unlikely.
What are the consequences likely to be?
If Diarra wins, the case will be referred back to the Belgian courts. And if they are to apply the CJEU recommendation, FIFA will need to rip up the transfer rulebook and align closer with EU law.
It is unclear what that will look like exactly but experts say it will afford clubs and players with additional power and flexibility when it comes to agreeing deals. Players, for instance, could hand in a notice period like you or I in our jobs and walk away from a contract in search of a new job.
There may technically be scope for FIFA to apply new rules for EU nations and the rest of the world remains the same - but that will lead to so many complexities that a blanket approach seems certain.
If the ruling goes against Diarra then he will simply be out of pocket to the tune of many millions and regulations will remain the same.
Anything else worth knowing?
Fans of a certain age will find it easy to draw parallels with the case of Jean-Marc Bosman - and it turns out that Diarra’s representative for this case happens to be Jean-Louis Dupont, the man who fought Bosman’s corner almost three decades ago.
That was hailed as a game-changer for the transfer market. This could have a similar impact.
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