FIFA to open ‘global dialogue’ on transfer system after Diarra ruling

FIFA will open “a global dialogue” aimed at adapting the transfer system in football following the recent ruling by the Court of Justice of the European Union (CJEU) in a case brought by Lassana Diarra, the sport’s world governing body said on Monday.

“FIFA will now initiate a global dialogue with key stakeholders. Together with them, FIFA will determine what conclusions must be drawn from the Diarra decision, and which changes are most appropriate and suitable,” FIFA’s chief legal and compliance officer, Emilio Garcia Silvero, said in a statement.

The changes would relate to article 17 of FIFA’s regulations governing the status and transfer of players.

“Among the topics for discussion are the parameters to calculate compensation for breach of contract, sanctions for breach of contract and a mechanism to issue the International Transfer Certificate” allowing players to change clubs, Garcia Silvero added in a video interview.

“FIFA will always act in compliance with European law.”

Representatives of players and clubs have called for changes to be made to the transfer system following the Diarra ruling by the CJEU on October 4.

The Diarra case goes back 10 years.

In August 2014, Lokomotiv Moscow terminated the France midfielder’s contract citing contractual breaches by the player. The Russian club also sought 20 million euros ($22m) compensation from Diarra, now aged 39. 

Diarra, who also played for Arsenal, Chelsea and Paris Saint-Germain among other clubs during his career, refused and requested that Lokomotiv pay him compensation.

He was eventually ordered to pay his former club 10 million euros by FIFA, a fine that was upheld by the Court of Arbitration for Sport. Diarra also received a backdated 15-month suspension.

Any club wishing to sign Diarra risked being made liable to pay the fine, according to FIFA rules which were challenged before the court.

The CJEU’s judgement said that certain FIFA rules regarding transfers were contrary to European Union laws on freedom of movement.

“We need a collective bargaining agreement,” Pieter Paepe, lawyer for global players’ union FIFPro, told AFP.

“The rules must be negotiated between players and clubs. It is not up to FIFA, a private legal entity, to unilaterally regulate this employment relationship.”