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World governing body FIFA has been forced to change its transfer regulations on an interim basis after a recent ruling in their case with Lassana Diarra.
Diarra and FIFA have been in court over claims by the former Arsenal and Chelsea midfielder that the football body restricted his freedom of movement.
In 2016, a ruling by FIFA- backed up by the Court of Arbitration for Sport – found the Frenchman liable for breach of contract at his then-club Lokomotiv Moscow.
Following a dispute with manager Leonid Kuchuk, Lokomotiv alleged that Diarra refused to appear at training or accept a lower salary, and dismissed him three years before his deal was scheduled to expire.
FIFA backed the Russian club in the dispute, ordering Diarra to pay £8.4m to Lokomotiv and suspending him from professional football for 15 months.
FIFA then refused to issue Charleroi with an ITC, required by clubs worldwide to register a newly signed player, so the deal collapsed.
However, Diarra’s legal team challenged this specific rule – which makes a club wishing to sign a player jointly liable for compensation to a player’s old club, arguing that some of the rules imposed by football’s global governing body restricted his freedom of movement and breached competition law.
They sued FIFA for damages.
The case was decided in October by a European Court of Justice (ECJ), with the ruling favouring the Frenchman?
The court determined that FIFA should not be able to use the ITC system to prevent players who have breached a contract from moving and working where they choose.
The ruling has now forced FIFA to change some of its transfer rules.
FIFA adopts an “interim regulatory framework
FIFA’s decision comes just over a week before the transfer market reopens in January, with the body requesting talks with all key stakeholders before drafting its interim amendments.
The changes relate to article 17 of Fifa’s regulations governing the status and transfer of players.
“The framework… addresses the rules about compensation for breach of contract, joint and several liability, inducement for breach of contract, International Transfer Certificates and proceedings before the Football Tribunal,” FIFA said in a statement.
In Fifa’s own words: “Any party that has suffered as a result of a breach of contract by the counterparty shall be entitled to receive compensation.”
The compensation will be set taking into account the damage suffered, with each case assessed on its merits.
The football organisers added, “Fifa remains convinced that an open, inclusive dialogue with all its stakeholders is the way forward to develop a robust, objective, transparent, non-discriminatory and proportionate regulatory framework for football at a global level,” said the organisation.”
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