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EU legal adviser says some FIFA player transfer rules may breach EU law

Sport

EU legal adviser says some FIFA player transfer rules may breach EU law
Sport

Sport

EU legal adviser says some FIFA player transfer rules may breach EU law

2024-04-30 17:50 Last Updated At:18:00

BRUSSELS (AP) — FIFA rules on transfers can conflict with European Union legislation relating to competition and freedom of movement because they limit possibilities for players to change clubs, and for clubs to hire, a senior EU legal adviser said on Tuesday.

Advocate General Maciej Szpunar gave his opinion after French soccer player Lassana Diarra legally challenged FIFA rules.

The Diarra case went through FIFA judicial bodies before the 2016 election of FIFA president Gianni Infantino, who has made it a priority to modernize transfer market rules.

Former France international Diarra signed a four-year contract with Lokomotiv Moscow in 2013. The deal was terminated a year later after Diarra was unhappy with alleged pay cuts.

Lokomotiv Moscow applied to the FIFA dispute resolution chamber for compensation and the player submitted a counterclaim seeking compensation for unpaid wages. The Court of Arbitration for Sport found the Russian club terminated the contract with Diarra “with just cause” and the player was condemned to pay 10.5 million euros ($11.2 million).

Diarra claimed his search for a new club was hampered by FIFA rules stipulating that any new side would be jointly responsible with him for paying compensation to Lokomotiv.

The former Real Madrid player also argued that a potential deal with Belgian club Charleroi fell through because of the FIFA rules, and sued FIFA and the Belgian federation at a Belgian court for damages and loss of earnings of six million euros ($7 million).

Szpunar proposed the European Court of Justice should reply to the questions referred by the Belgian tribunal “by finding that the FIFA rules governing contractual relations between players and clubs may prove to be contrary to the European rules on competition and freedom of movement of persons."

“He finds that there can be no doubt as to the restrictive nature of (FIFA transfer regulations) with regard to freedom of movement," the court said in a statement, noting the restrictive rules can be justified only in specific circumstances.

“These provisions are such as to discourage and dissuade clubs from hiring the player for fear of financial risk. The sporting sanctions faced by clubs hiring the player can effectively prevent a player from exercising his or her profession with a club located in another member state.”

Advocates General routinely provide legal guidance to the ECJ. Their opinions aren’t binding on the Luxembourg-based court, but are followed in most cases.

Concerning competition rules, Szpunar found that FIFA rules on transfers, “by limiting clubs’ ability to recruit players, necessarily affect competition between clubs on the market for the acquisition of professional players.”

Szpunar's opinion follows a court ruling last year finding that UEFA and FIFA acted unlawfully to block the rebel Super League.

AP Sports Writer Graham Dunbar in Geneva contributed.

AP soccer: https://apnews.com/hub/soccer

FILE - France's Lassana Diarra reacts during the international friendly soccer match between England and France at Wembley Stadium in London, Tuesday, Nov. 17, 2015. A senior legal adviser says some FIFA rules on transfer of players can be in breach of European Union legislation relating to competition and freedom of movement. Advocate General Maciej Szpunar gave an opinion on Tuesday after French soccer player Lassana Diarra challenged FIFA rules. (AP Photo/Kirsty Wigglesworth, File)

FILE - France's Lassana Diarra reacts during the international friendly soccer match between England and France at Wembley Stadium in London, Tuesday, Nov. 17, 2015. A senior legal adviser says some FIFA rules on transfer of players can be in breach of European Union legislation relating to competition and freedom of movement. Advocate General Maciej Szpunar gave an opinion on Tuesday after French soccer player Lassana Diarra challenged FIFA rules. (AP Photo/Kirsty Wigglesworth, File)

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For more coverage of this year’s ACM Awards, visit https://apnews.com/hub/academy-of-country-music-awards

Randy Travis, left, and Clay Walker present the award for song of the year during the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/Chris Pizzello)

Randy Travis, left, and Clay Walker present the award for song of the year during the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/Chris Pizzello)

Lainey Wilson performs a medley during the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/Chris Pizzello)

Lainey Wilson performs a medley during the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/Chris Pizzello)

Lainey Wilson arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Lainey Wilson arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Bunnie XO arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Bunnie XO arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Jelly Roll, left, and Bunnie XO arrive at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Jelly Roll, left, and Bunnie XO arrive at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Kendra Slaubaugh, left, and Krista Slaubaugh of Tigirlily Gold arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

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Jelly Roll arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Jelly Roll arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Michael Trotter Jr., left, and Tanya Trotter of The War and Treaty arrive at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

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This combination of photos show, country musicians, from left, Luke Combs, Megan Moroney and Morgan Wallen. Combs leads the 2024 ACM Awards nominations with eight, and Moroney and Wallen are nominated for six each. (AP Photo)

This combination of photos show, country musicians, from left, Luke Combs, Megan Moroney and Morgan Wallen. Combs leads the 2024 ACM Awards nominations with eight, and Moroney and Wallen are nominated for six each. (AP Photo)

Lainey Wilson arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Lainey Wilson arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Jelly Roll arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

Jelly Roll arrives at the 59th annual Academy of Country Music Awards on Thursday, May 16, 2024, at the Ford Center in Frisco, Texas. (AP Photo/LM Otero)

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