Transfers: "Some FIFA rules may prove to be contrary to European Union law" (Maciej Szpunar, CJEU)

"Some FIFA rules on transfer of players may prove to be contrary to European Union law. These rules are of restrictive nature and may only be justified in specific circumstances," stated Maciej Szpunar, Advocate General at the Court of Justice of the European Union (CJEU), on 30/04/2024.

The Polish magistrate has issued his conclusions as part of a reference for a preliminary ruling at the initiative of the Mons (BEL) Court of Appeal opposing the former French international player Lassana Diarra to FIFA "concerning the damage that the player alleges to have suffered as a result of certain FIFA rules governing contractual relations between players and clubs". At issue is the international body's Regulations on the Status and Transfer of Players (RSTP).

"On 20/08/2013, the player signed a four-year contract with the professional Russian football club Lokomotiv Moscow only to see that contract terminated by this club one year later for an alleged breach “and termination of contract without just cause”. Lokomotiv Moscow applied to the FIFA Dispute Resolution Chamber for compensation and…