Breaking boundaries: The Diarra case and its ripple effects on FIFA regulations and player transfers

Chanda, Subhrajit and Bordoloi, Animesh Anand (2024) Breaking boundaries: The Diarra case and its ripple effects on FIFA regulations and player transfers. JOURNAL OF SPORTS LAW, POLICY AND GOVERNANCE, 5 (1). ISSN 2584 – 1122

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Abstract

The Diarra case is a landmark judgment by the CJEU with potential widespread implications for the transfer market. Originating from a 2014 contract dispute between ex-France player Lassana Diarra and Russian club Lokomotiv Moscow, the CJEU took up Diarra’s case and decided in his favour. Here, the Court found some of FIFA’s RSTP regulations to be disproportionate and restrictive, prompting the significant regulatory changes discussed in this paper. In response to this ruling, FIFA implemented an interim regulatory framework that provided a more nuanced approach to compensation calculations, the removal of automatic sanctions that hindered players from joining new clubs after dismissal or unilateral contract termination and greater freedom for players to transfer despite contract disputes. This case has been likened to the Bosman ruling, which revolutionised the transfer market by empowering players and loosening the regulatory grip of FIFA. However, while the Bosman ruling increased player mobility, the Diarra case focuses more on ensuring fairness in contractual relationships. The full impact of the Diarra case on the football ecosystem, club-player relationships, and the financial framework still remains to be seen. Scholars like Duvall have warned of potential consequences including unilateral terminations, the disappearance of transfer fees and an ever-increasing economic disparity between the wealthy and poorer clubs. Given these implications, it can be concluded that there is a crucial need to review current regulations. By learning from other sports models and addressing e​x​

Item Type: Article
Keywords: Diarra | FIFA | RSTP | Contract | Freedom | Transfer
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 07 Apr 2025 12:47
Last Modified: 07 Apr 2025 12:47
URI: https://pure.jgu.edu.in/id/eprint/9346

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