Republished and translated by the firm Winter – Dávila & Associés
Paris, 4 October 2024
(Original version published by Cabinet Verzeni Avocat)
Introduction
The case of Lassana Diarra, then playing for Lokomotiv Moscow, arose from the former French international’s refusal to accept an unjustified pay cut. The abusive terms proposed by the club led him to break his contract. In 2018, Lassana Diarra was sanctioned by FIFA for leaving his club without respecting the terms of his contract.
On October 4, 2024, the Court of Justice of the European Union (CJEU), the European Union’s highest court, handed down a judgment in which it ruled that sanctions imposed by sporting bodies must respect the fundamental rights of athletes, particularly in terms of freedom of movement and protection against arbitrary decisions.
1. At the heart of the case: abusive club practices
The “Diarra” case drew the attention of the media and the general public to the abusive practices of professional clubs, made possible by a clear imbalance of power to the detriment of the players.
Financial and sporting pressure on players
Clubs use mechanisms such as co-debt, stipulating that if a player breaks his contract without “just cause”, his new club must also assume a share of the compensation. This practice discourages clubs from hiring players in similar situations, for fear of heavy financial penalties.
Recently, the practice of “lofting” was also highlighted by the Mbappé affair. Professional clubs have a habit of forcing players to accept their conditions by isolating them (exclusion from the professional squad, deprivation of training and competition, etc.). If a player is excluded from the professional squad, his sporting and economic value is reduced, and he generally gives in to the pressure exerted by his club.
Arbitrary and disproportionate sanctions
For the record, in this case, Lassana Diarra was suspended for 15 months and had to face a fine of 10 million euros, underlining the punitive and dissuasive nature of the rules in force. These sanctions are designed to protect the interests of clubs to the detriment of players’ rights.
Transfer restrictions
Current regulations can prevent players from changing clubs freely, limiting their ability to exercise their profession. This creates a climate where players are forced to accept unfair conditions or risk losing their careers.
Restrictions on transfers
Current regulations can prevent players from changing clubs freely, limiting their ability to practise their profession. This creates a climate where players are forced to accept unfair conditions or risk losing their careers.
2. Contributions of the CJEU ruling: strengthening players’ rights to restore a semblance of balance
The CJEU’s decision reshuffles the balance of power between professional clubs and players by bringing the body of rules governing professional football into line with European legislation.
Freedom of movement for players
The decision reinforces the principle of freedom of movement for athletes, a fundamental right that must be respected even within the framework of sporting regulations. This could limit potential abuses by clubs and federations in the management of players’ contracts.
Strengthening competition between clubs to protect players
The Court ruled that the disputed rules infringed the provisions of competition law.
With this ruling, it aims to make it easier ‘for professional football clubs to compete for access to the essential resource of players already under contract, by unilaterally recruiting a player hired by another club or a player whose contract is alleged to have been unilaterally terminated without just cause’.
The player under contract could thus be approached by other clubs who would no longer be exposed to dissuasive legal and financial risks. The player’s bargaining power will automatically be strengthened.
Implications for sports law
As Maciej Szpunar, First Advocate General of the CJEU, pointed out, professional sport is now a real economic activity that calls for regulation in the same way as other sectors.
In particular, this case highlights the need for harmonisation between labour law and sports law. Athletes must benefit from a status that recognises their specific professional characteristics while offering them adequate protection against abuse.

Photo: commons.wikimedia.org
3. Prospects for players
The CJEU’s decision could put a stop to the abusive practices by clubs that have been common until now. Players, their unions and their councils will not fail to take advantage of this ruling to strengthen their rights.
Making it easier to terminate contracts
Players could have more freedom to break their contracts without fear of excessive financial repercussions. It will be more difficult for their club to block any transfer.
Reforming the transfer system
A review of the FIFA rules may be necessary to ensure that they respect the fundamental rights of players while maintaining a balance in the football market.
Strengthening player protection
The ruling could provide an incentive to establish a fairer legal framework that protects athletes from abuse and promotes a healthy professional environment.
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