ANALYSIS OF THE ANTICIPATED ECJ JUDGEMENT

ANALYSIS  OF THE ANTICIPATED ECJ JUDGEMENT ~Uyi Emmanuel Olubor Esq.

Tomorrow, the fourth of October 2024 promises to be a very important day or better still a day that might mark the future of football for eternity. 

For those who are still at a loss as to what I am talking about. I believe we all remember Lassana Diarra, the ex  french national team player and ex Chelsea and Real Madrid player. Sometimes in 2014, he was hired by Locomotiv Moscow of Russia. Then, not so long after his employment, he began to have issues with his employers which centred around a drastic reduction in his salary. This dispute finally dovetailed into the termination of the Contract. Feeling aggrieved, Locomotive Moscow laid a complaint before the FIFA DRC and Diara was asked to pay ten million dollars to the club. 

lassana Diara tried to move to club Charleroi in Belgium, but the Belgian club was a bit skeptical/afraid in order for it not to be held jointly liable with the player in repaying the said amount. As a result of this, the player was clubless for over a year which was also the period he was banned by FIFA for 15 months alongside the above stated fine. 

Feeling aggrieved the player approached the lower court in Belgium, challenging the rules of FIFA as it relates to transfer, stating that the transfer regulations as they exist today are a breach of European laws of free movement of employment, a breach of the principles of a free and competitive employment market which has the tendency of denying other clubs of high valued talents. The lower court agreed with him and asked FIFA to pay him the sum of $60,000. However, FIFA appealed before the cours d'appel du mons in Belgium and the appeal court then sent the dispute to the European Court of Justice (ECJ) to answer whether the Laws of FIFA as they exist today are a breach of European laws of Employment.   However, what has shaken the football world is the Opinion of the AG of the ECJ given  earlier this year. Although his opinion is not binding but only act as a guide  or assistance as to how the court may reach is final decision. In his opinion the Rules of FIFA as they relate to the transfer of players are a breach of the Laws of the European employment as it tends to restrict the movement of professional footballers. 

However, a lot of experts are apprehensive that indeed the ECJ might indeed follow the above reasoning, this is as a result of the recent judgements given by the ECJ in the Royal Antwerp case , as well as Real Madrid vs FIFA  (the Super League case). The ECJ in these cases frowned at football regulations that had the propensity of limiting free trade in the EU area. 

Thus, the question a lot of experts are asking is, how far reaching would  a negative decision of the FIFA laws be? Would it have the effect of decomodification of players, that is stopping the payment of transfer fees and turning the football transfer market to somewhat like what transpires in Basketball leagues where transfer  fees are not paid, or even end the whole transfer window system and allow players leave any time they feel? We can only keep our fingers crossed and wait for the interpretation to be delivered tomorrow by the ECJ. Need I say that this decision would not affect teams in the Uk like the Premier League because of Brexit. However, this judgement in a situation the ECJ agrees with Diara might open a floodgate of litigation across the EU which might definitely lead to FIFA amending his laws as it relates to the transfer of players like it happened with the Bossman case about 25years ago which stopped clubs from asking for compensation and fees even after the players contract has elapsed. It may seem as though, Lassana Diarra is about to become the second biggest football activist after Jean Marc Bosman.

Anyway, for a further analysis after the judgment tommorow you can check my LinkedIn or Instagram account.

Olubor Uyi Emmanuel Esq