FIFA has announced plans to review and potentially amend its transfer system after a recent court ruling found some of its regulations to be in violation of European Union laws.
The European Court of Justice ruled earlier this month in favour of former Chelsea and Arsenal midfielder Lassana Diarra, who had sued FIFA for damages. The dispute centred on a rule that requires clubs signing a free agent to pay compensation to the player’s previous club if the contract was terminated without just cause.
Diarra, whose contract with Lokomotiv Moscow was terminated in 2014, argued that the rule violated competition law and restricted his freedom of movement when he attempted to join Belgian club Charleroi in 2015. FIFA’s refusal to issue him an international transfer certificate (ITC) for the move was deemed by the court as an infringement on his right to work.
The court’s decision highlighted how FIFA’s transfer rules impede the free movement of professional footballers wishing to develop their activity by going to work for a new club.
In response, FIFA has announced the launch of a global dialogue involving football stakeholders to address the concerns raised and modernise its regulatory framework. FIFA’s Chief Legal and Compliance Officer, Emilio Garcia Silvero, stated that the organisation views the Diarra ruling as an opportunity to further evolve its regulations, aligning with the objectives set out by FIFA’s president since 2016.
A FIFA spokesperson commented that the organisation is pleased the court upheld the legality of key principles within the transfer system, despite the ruling against some of its provisions.