FIFA adapts transfer rules after Diarra case

FIFA announced Monday it had adopted an “interim regulatory framework” regarding player transfers after a ruling earlier this year by the European Court of Justice (ECJ) in a case brought by Lassana Diarra.

The decision comes just over a week before the transfer market reopens in January and follows “close consultation with key stakeholders”, world football’s governing body said in statement.

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

“The framework… addresses the rules about compensation for breach of contract, joint and several liability, inducement for breach of contract, International Transfer Certificates and proceedings before the Football Tribunal,” FIFA said.

The objective is to provide “clarity and stability ahead of upcoming registration periods and upholding globally uniform rules”, it added.

The European Union’s top court, the ECJ, in October said that certain FIFA rules regarding transfers were contrary to the bloc’s laws on freedom of movement, as it found in favour of former France midfielder Diarra.

The Diarra case goes back 10 years.

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

Diarra, who also played for Arsenal, Chelsea, Paris Saint-Germain and Real Madrid 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 the court ruled “contrary to EU law”, determining they hindered free movement and competition between clubs.

FIFA said the interim regulations would apply immediately and that they would have no effect on ongoing talks over possible long-term changes to the system overseeing player registration and transfers.