Players’ Rights and Contractual Freedom

Football Legal: From FIFPRO’s perspective, how has the Diarra judgment affected players’ freedom to negotiate and terminate their contracts?
Do you consider that the ruling strengthens the protection of players’ rights or has it created new forms of uncertainty in contractual relations?

Alexandra Gomez Bruinewoud: The ruling by the Court of Justice of the European Union (CJEU) declared fundamental parts of FIFA’s transfer system and strict contractual stability rules unlawful - especially regarding how a player who terminated a contract “without just cause” was treated under the pre-Diarra system. The player would not be able to calculate the compensation he or she would have to pay to the club, making the decision impossible, and would face sporting sanctions. The Diarra...

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