Nearly 10 years ago, Lassana Diarra challenged FIFA’s transfer rules over a failed move to Belgium. Today, 100,000 former and current footballers are suing for the same reason.
The Justice for Players (JfP) group recently filed a class-action lawsuit to the Dutch District Court of Miden-Nederland against FIFA regarding its transfer rules. The JfP claims players named in the lawsuit have lost out on salary contributions due to FIFA’s article 17.
Under the rule if a player terminates their contract without just cause, they and their new club are jointly and severally liable for paying compensation to the original club. The amount of compensation is determined by various factors, including the player’s remaining contract duration, their salary, and the costs the original club incurred in developing the player.
The suit names both men’s and women’s players who have competed in the UK and European Union (EU) since 2002. It has been filed against FIFA, as well as football associations in France, Germany, Netherlands, Denmark, Belgium, who have until September to respond.
The JfP’s lawsuit will likely have been prompted by the EU Court of Justice’s (ECJ) verdict in October which saw former Arsenal and Chelsea player Diarra and FIFPRO Europe/World secure a victory against FIFA.
The ECJ ruled FIFA Regulations infringed EU competition law and the right to free movement of workers.
Dupont-Hissel, the law firm that represented Diarra, is also advising JfP which is currently financially backed by Deminor, one of Europe’s leading providers of legal finance, which does not require players to pay to join the legal action.
“All professional football players have lost a significant amount of earnings due to the unlawful FIFA Regulations,” said Lucia Melcherts, Chair of the Board Member of Justice for Players.
“‘Justice for Players’ is bringing this claim to help achieve justice for footballers and fairness. The past and even current system unduly favours FIFA who has far too much unilateral power. In any other profession, people are allowed to change jobs voluntarily. The same should be true in football, particularly as the average career span of a professional footballer according to a FIFPro study is only eight years long.”
The Lassana Diarra Case
After a collapsed move to Belgian club Charleroi in 2015, Diarra challenged Article 17 of FIFA’s Regulations on the Status and Transfer of Players.
Diarra saw his move to Charleroi collapse after the Belgian club backed out of the deal over fears it could be penalised due to holding ‘joint liability’ over the fine issued to the player when his contract at previous club Lokomotiv Moscow was terminated.
The Russian club terminated the contract over a major dispute over salary in Diarra’s contract and took action by raising the case to FIFA, which ruled in favour of Lokomotiv Moscow. Diarra was ordered to pay €10.5m ($11.6m) and serve a 15 month ban.
As Diarra was seeking a return to football at the same time his penalty was issued, Charleroi would have also been hit with a fine by FIFA due to Article 17.
After challenging FIFA in courts for almost a decade, the case eventually went to the ECJ, which ruled in October 2024 that FIFA’s article 17 are “contrary to EU law”.
“As a former professional footballer, agent and someone who has worked in football in various managerial capacities, I have had first hand experience, in particular with the Mexes case in 2004, of how much control and power FIFA has over the players,” said Franco Baldini, Board Member of JfP.
“I am very proud to be part of the Foundation “Justice for Players” and to be part of something that could help change the existing system and make football more inclusive and more sustainable.”
Potential global impact
The JfP is now not only seeking billions in compensation for past and present players, but also an amendment to FIFA’s transfer rules, with some Board Members arguing players should have free will to terminate their contracts if they feel their right to work and pay is being limited.
The lawsuit is similar to the one former Belgian player Jean-Marc Bosman successfully won in 1995 against UEFA, which introduced the Bosman Rule.
The Bosman Rule allows players with six months left on their contract to negotiate a new deal outside their current club.
