Opinion of the Advocate General in the Diarra Case: FIFA's Transfer System Under Pressure

Opinion of the Advocate General in the case C-650/22, Diarra

Date of the decision: 2024-04-30

On 30 April 2024, Advocate General Szpunar delivered his Opinion in the so-called "Diarra" case. It is an understatement to say that his analysis of the provisions of FIFA's Regulations on the Status and Transfer of Players challenges FIFA's transfer system. He considers that the articles aimed at guaranteeing contractual stability constitute, as they stand, a restriction on competition.

Background and Previous Proceedings

In August 2013, professional footballer Lassana Diarra signed a four-year contract with Russian club Lokomotiv Moscow. Following various breaches of contract, in particular absences deemed unjustified, the Russian club terminated the contract in August 2014. Lokomotiv then took the matter to FIFA's Dispute Resolution Chamber (DRC), demanding that the former France international pay them EUR 20 million in compensation.

Without a club until February 2015, the player received an offer from Belgian club Sporting Charleroi, subject to a guarantee from FIFA and the Belgian Football Association (URBSFA) that the club would not be obliged to pay the compensation due to Lokomotiv Moscow. In the absence of such a guarantee, Charleroi decided not to sign him.

In May 2015, FIFA's LRC ordered Lassana Diarra to pay EUR 10.5 million to his former club. FIFA also ruled that article 17.2 of the...

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