EU’s New “Bosman” Ruling for Football World

The European Union (EU) Court of Justice has ruled that certain regulations of the International Football Federation (FIFA) are contrary to EU law. This decision has been interpreted as a new “Bosman ruling.”

The highest court of the European Union determined that FIFA’s rules on player transfers violate EU laws. The Luxembourg-based EU Court stated that FIFA’s transfer regulations infringe upon the principles of free movement within the EU, particularly in a case involving former French footballer Lassana Diarra.

The court emphasized that FIFA’s current rules restrict professional footballers’ rights to advance their careers and play for new clubs. Specifically, under FIFA’s Player Status and Transfer Regulations, if a player terminates their contract without just cause, both the player and their new club are jointly responsible for compensating the former club.

The ruling also noted that according to these rules, a new club may be denied an International Transfer Certificate as long as disputes regarding the contract termination continue, and there may be sanctions preventing the new club from signing a player for a certain period.

The Court of Justice concluded that these rules violate EU law by obstructing the free movement of footballers between EU countries and restricting cross-border competition among clubs.

This decision creates significant tension between EU laws and FIFA regulations, potentially leading to new regulations in the football world. The Mons Court of Appeal will now handle the case based on the guidance received from the Court of Justice.

What Happened?
Lassana Diarra signed a four-year contract with Russia’s Lokomotiv Moscow in 2013. However, after a year of disputes over salary cuts, Diarra terminated his contract. The player argued that FIFA’s compensation rules prevented him from signing with a new club.

Diarra’s fight was supported by the global players’ union, FIFPro, and the case went through FIFA’s internal judicial bodies. The Court of Justice’s ruling is seen as a step that strengthens professional footballers’ rights to shape their careers freely, similar to the historical Bosman rulings.

What is the Bosman Ruling?
The Bosman rules or Bosman decisions refer to a 1995 ruling by the European Court of Justice. These decisions guarantee the free movement of workers and the freedom of cooperation within the EU, leading to significant changes in the football sector across Europe. According to these decisions, restrictions on foreign players in national leagues of EU member states were lifted, allowing footballers to transfer to any club without a transfer fee once their contracts expired, provided the transferred player is an EU citizen.

With these rulings, football and other sports have been recognized as economic sectors, granting athletes rights as workers under the principle of free movement of workers. The rulings are named after Belgian player Jean-Marc Bosman, who won a legal battle against the transfer fee issue that obstructed his transfer to another team while playing for Liège.