Diarra case: "What is at stake is the framework for proportionate sanctions" (L. Cotret, lawyer)

"The ruling handed down by the CJEU on 04/10/2024 is a strong decision, but it does not call into question the framework laid down by FIFA with regard to transfers. Even though the principles of freedom of movement for workers and freedom of trade exist, the ruling states that proportionate rules are needed. What is at stake is the framework for proportionate sanctions," said Laurent Cotret, a partner at August Debouzy, to News Tank Football on 20/11/2024.

According to the decision of the Court of Justice of the European Union, which had received a reference for a preliminary ruling from the Mons Court of Appeal (BEL) in proceedings between former French international Lassana Diarra and FIFA, certain rules contained in the Regulations on the Status and Transfer of Players, in particular those concerning "breach of contract without just cause" under Article 17, impede the free movement of players, restrict competition between clubs and are therefore contrary to EU law.

"This is an important decision, perhaps not as important as the Bosman ruling but it is in the vein of that. Let's…