Lawsuit Against Fifa: Massive Legal Action after Diarra Decision Judgment
In a groundbreaking move, the Justice for Players (JfP) foundation has filed a class-action lawsuit against FIFA and the national football associations of the Netherlands, Germany, France, Belgium, and Denmark. The lawsuit, which is being funded by leading litigation funder Deminor, aims to address unlawful FIFA regulations that have allegedly impacted the earnings of approximately 100,000 professional footballers since 2002.
The lawsuit follows last year's European Court of Justice (ECJ) ruling that FIFA regulations infringed EU competition law and workers' right to free movement in a case brought by French former professional footballer Lassana Diarra and the international players' union Fifpro. The ECJ's decision has been highlighted as a significant hurdle for FIFA in mounting a robust defense by Daniel Gore, senior associate in the dispute resolution team at law firm Withers.
Jean-Louis Dupont, the lawyer behind the landmark Diarra and Bosman rulings, is advising JfP on the case. The Bosman ruling, which gave out-of-contract footballers freedom of movement for the first time, marked a new era of player power during the 1990s. However, it appears that the current system still falls short, with players not currently allowed to change jobs voluntarily, as they can in other professions.
The lawsuit, represented by Finch Dispute Resolution, claims that the unlawful FIFA regulations have resulted in professional footballers earning approximately eight percent less throughout their careers. With the average career span of a professional footballer being only eight years long, according to a FIFPro study, the potential financial impact on individuals could be significant.
Lucia Melcherts, chair of Justice for Players, emphasised the impact on players' earnings, stating that all professional footballers have lost a substantial amount due to the unlawful regulations. The claim seeks to help achieve justice for footballers and fairness, as the past and current system reportedly unduly favours FIFA with too much unilateral power.
In response to the Diarra ruling, FIFA has stated that it will revise its worldwide transfer regulations. It remains to be seen how these revisions will address the concerns raised by the Justice for Players foundation and the wider professional footballing community. As the case progresses, further updates and developments are expected to emerge.
