Ruling on FIFA transfer rules could have major impact
According to the European Court of Justice, FIFA's rules governing million-dollar transfers in global professional football violate European legislation. Stefaan Van den Bogaert, Professor of European Law, discussed the potential impact of the ruling with Dutch daily newspaper AD and television news service RTL.
The case related to transfer rules had been referred to the European Court of Justice. A Belgian court had raised questions over possible compensation that Belgian football club Charleroi had to pay to Russian club Lokomotiv in 2014. The reason behind the compensation payment was the acquisition of French footballer Lassana Diarra, who had previously refused to turn up for training following disagreements with his trainer at Lokomotiv. The club then accused the player of breaching the terms of his contract. Under the current FIFA rules, footballers who breach their contracts for no valid reason risk a compensation claim and suspension. In many cases, the new club is held liable in these compensation claims.
Professor Van den Bogaert says this is a 'very signficiant ruling' which confirms that 'players have certain rights and can enforce these effectively'. He claims it will ensure that professional footballers are viewed more as ‘ordinary employees’, and continues: ‘In the past, footballers almost never breached their contracts. That will now become easier, which is better for the players.’ He also argues that this decision aligns with the 1990s Bosman ruling which caused quite a stir in sports law at the time.
The exact consequences for the transfer system remain unclear for now. It is likely that the Court's ruling signals the end of sky-high transfer fees when a player terminates his contract prematurely. This could have major implications for football clubs in countries like the Netherlands and Belgium, where the transfer market is often an important part of the club's business model, says Professor Van den Bogaert.
More information
RTL Nieuws (3 October, in Dutch)
RTL Nieuws (4 October, in Dutch)
Read the full AD article here (€, in Dutch)
Photo: Vienna Reyes through Unsplash