AG Opinion in FIFA v BZ – Further Competition Trouble for Football Rules

By: Stijn Huijts (The Thicket)

Most professional football transfers occur when a player’s contract expires, or when the current club, player, and new club agree on a transfer.

However, complications arise when a player does not meet expectations or is not in the manager’s plans. Ambitious players may seek a transfer even if no agreement on a fee can be reached. This can lead to players skipping training or being relegated to training with the junior team, or even having their wages withheld. Worse, a new club might encourage a player to act in a way that leads to their contract being terminated. To address these issues, FIFA has rules that impose compensation and sporting sanctions on clubs or players who breach contracts, as well as on any new club that induces such breaches.

French footballer Lassana Diarra, key in Portsmouth FC’s historic FA Cup win, faced a dispute under these rules. After his success at Portsmouth and a tenure at Real Madrid, he was sidelined at Lokomotiv Moscow, who terminated his contract for disciplinary reasons in 2014 and demanded EUR 20 million in compensation, with over EUR 10 million awarded. The case was referred to the CJEU to determine if the rules in the RSTP were compatible with the EU’s freedom of movement and competition laws. Recently, Advocate General Szpunar opined that they were not…

CONTINUE READING…