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ECJ rules against FIFA

ECJ rules against FIFA. French international Diarra also wins

What the ECJ's ruling against FIFA means for the transfer market

The European Court of Justice (ECJ) today issued a groundbreaking judgment in the case of Diarra against FIFA was made. At the heart of the case were FIFA's transfer rules, which had caused considerable displeasure in the European legal area. Specifically, the judges ruled that some of these rules violate EU law and restrict competition between clubs as well as the free movement of players. The decision follows the opinion of Advocate General Maciej Szpunar, who had classified FIFA's existing transfer rules as contrary to EU law. But what consequences does this ruling have for international soccer?

Key points of the ECJ ruling

The ECJ ruling relates to several key points of the FIFA transfer rules that affect players and clubs:

  • Free movement of players: According to the ECJ, FIFA's transfer regulations significantly restrict the freedom of movement of players within the European Union. In particular, the joint and several liability of new clubs, which are obliged to pay compensation to the player's former club, hinders the transfer of professional players.
  • Competition law: The ECJ also recognized a distortion of competition as a result of the regulations, as they impair competition for the signing of players between clubs. New clubs are deterred from signing players with outstanding contractual disputes due to the threat of financial risks.

The role of Advocate General Szpunar

In the Opinion on which the ECJ based its decision, Advocate General Maciej Szpunar emphasized that the FIFA rules could promote stability in the teams, but that they went far beyond the objective. He emphasized that there were less restrictive measures that could achieve the same purpose without hindering free competition and the free movement of workers. In this context, Szpunar made it clear that FIFA's sanctions and compensation regulations represented risks that were difficult to calculate for clubs and players and were therefore disproportionate.

Possible impact on the transfer market

The ruling could have far-reaching consequences for the international transfer market. The following changes are to be expected:

    • Relaxation of transfer restrictions: FIFA will be forced to adapt its transfer rules in order to avoid future infringements of EU law. In particular, joint and several liability could be abolished or mitigated.
    • More freedom of movement for players: In future, players could have more opportunities to change clubs within the EU without being confronted with massive financial risks for the new clubs.
    • Less risk for clubs: New clubs that sign players whose contracts have been terminated without good reason will no longer face the same level of financial or sporting sanctions in future.

Conclusion

The decision of the European Court of Justice marks a significant step towards greater fairness and legal certainty in international soccer. Clubs and players in the EU are likely to benefit from a more transparent and less risky transfer system in future. It remains to be seen how FIFA and the national associations will react to this ruling and what specific changes will be made to the transfer regulations. However, it is clear that the transfer market could be significantly liberalized in the future.

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