EU transfer ruling

[tw12yid]

A ruling this morning in an EU court could be the biggest shake up the transfer system since Bosman. Will be interesting to see how this has an impact.

The basic premise seems to be if a player cancels their contract/ walks away from it. Stopping them from joining a new club with the threat of compensation hanging over their head/new club is against freedom of movement.

Fifa’s transfer rules go against European Union law, rules EU’s highest court | Fifa | The Guardian

The transfer rules of Fifa go against European Union laws, the EU’s highest court said in a ruling on the case linked to former France player Lassana Diarra

amp.theguardian.com

 

[Robbo]

It's supposed to be Bosman all over again, isn't it. Only this time it could have a much greater impact on how football is run, IMO. If I've understood this correctly.

There needs to be some sort of contract obligation for players, in order for clubs to be able to build squads/teams and plan ahead, both on the field and financially. If players can simply walk away from contracts and join other clubs without compensation, the entire system could collapse. It will be a disaster for the smaller clubs.

The rich/financially doped clubs will just offer bigger wages to attract the best players, and there will be no money for the departed club to reinvest or develop new players. It could very well end up in a vicious cycle where the powerful clubs cement their place at the top of the table, and there will be a bidding war for the best players - whose already grotesquely high wages will skyrocket.

Meanwhile the rest of the clubs will suffer financially, and - even more than today - can only hope to be bought and funded by an oil state as that is likely the only path to some sort of success. (I have no confidence that FFP will help)

This is probably a worst case scenario - but if there's anything I've learned from being a football fan in the 20th century, it is that money talks and money decides, and that those with power have no interest in anything but themselves and making sure the status quo is upheld.

 

[Lilbaz]

A ruling this morning in an EU court could be the biggest shake up the transfer system since Bosman. Will be interesting to see how this has an impact.

The basic premise seems to be if a player cancels their contract/ walks away from it. Stopping them from joining a new club with the threat of compensation hanging over their head/new club is against freedom of movement.

Fifa’s transfer rules go against European Union law, rules EU’s highest court | Fifa | The Guardian

The transfer rules of Fifa go against European Union laws, the EU’s highest court said in a ruling on the case linked to former France player Lassana Diarra

amp.theguardian.com

Think a part of it was that they were going to cut his pay.

Brexit means we're not obliged to follow. But think (my assumption) is if a player in this country breaks a contract (without good reason). They'd have to pay compensation to the club.

 

[tw12yid]

Think a part of it was that they were going to cut his pay.

Brexit means we're not obliged to follow. But think (my assumption) is if a player in this country breaks a contract (without good reason). They'd have to pay compensation to the club.

I think this will have an impact on a rewriting of the FIFA transfer protocols so in turn will have a knock on. The FIFA transfer rules will need to be global and the EU is big enough to change them.

 

[Lilbaz]

I think this will have an impact on a rewriting of the FIFA transfer protocols so in turn will have a knock on. The FIFA transfer rules will need to be global and the EU is big enough to change them.

Maybe. But a lot had to do with them cutting his pay. Which basically would have breached the contract they agreed.

It's more complicated than players just being able to walk away from clubs.

 

[tw12yid]

Maybe. But a lot had to do with them cutting his pay. Which basically would have breached the contract they agreed.

It's more complicated than players just being able to walk away from clubs.

Yeah the cutting of the pay was what started the action by Diarra but the consequences of the court case appear to be far more reaching than cases of that ilk.

https://twitter.com/x/status/1842205150212984921

Interesting thread which try’s to analyse the court a findings/judgement on the matter.

 

[Lilbaz]

Yeah the cutting of the pay was what started the action by Diarra but the consequences of the court case appear to be far more reaching than cases of that ilk.

https://twitter.com/x/status/1842205150212984921

Interesting thread which try’s to analyse the court a findings/judgement on the matter.

Sorry not on x so can't read the thread. The independent is saying it only effects part of fifas rules and players can't just walk away from contracts.

So what are the consequences?

 

[Baleforce]

I’m surprised it’s not been challenged before.

Logically, it should be like any other employment, hand your notice in, work it, leave.

 

[Lilbaz]

I’m surprised it’s not been challenged before.

Logically, it should be like any other employment, hand your notice in, work it, leave.

Other types of employment can have do not compete clauses.

Clubs can spend over a decade developing a player. They should get some sort of compensation for doing so. Or what is the point?

 

[Baleforce]

Other types of employment can have do not compete clauses.

Clubs can spend over a decade developing a player. They should get some sort of compensation for doing so. Or what is the point?

Football could have those too.

A lot of companies in a lot of industries spend time and money developing staff, should they not get compensation too?

 

[Lilbaz]

Football could have those too.

A lot of companies in a lot of industries spend time and money developing staff, should they not get compensation too?

They don't start training them at 6 years old for a job that they won't be able to do till they are 20. Knowing that the majority probably won't ever "work" for them or earn them any money.

The court seems to agree.

 

[Daisuk]

Hah! The entire economic structure of football would collapse if players could simply walk away from their contracts. I can't see that happening. BBC article on it:

Lassana Diarra: Fifa transfer rules break EU law - top court rules - BBC Sport

After a long-running dispute between ex-Chelsea and Arsenal midfielder Lassana Diarra and Fifa, a court has ruled against the governing body.

www.bbc.com

We will see, but with all the money involved in transfers, I just can't see this actually happening any time soon.

 

[treepits]

I’m surprised it’s not been challenged before.

Logically, it should be like any other employment, hand your notice in, work it, leave.

I’m not sure

I appreciate football has now become business like but at its core it is sport and therefore an entertainment and needs to have separate laws to business in the real world

If this ruling followed through to a logical conclusion, it would have a far bigger and draconian effect than the Bosman could ever dream of reaching and I don’t think that could happen and the sport survive

 

[Baleforce]

They don't start training them at 6 years old for a job that they won't be able to do till they are 20. Knowing that the majority probably won't ever "work" for them or earn them any money.

The court seems to agree.

No, but the same principles apply at a later age in other industries, aviation, healthcare, defence for example.

Logically speaking, where is the difference?

 

[Lilbaz]

No, but the same principles apply at a later age in other industries, aviation, healthcare, defence for example.

Logically speaking, where is the difference?

Pretty sure all 3 examples you gave you have to agree to work for them for a period of time after your training. The military can literally put you in prison for going awol.

 

[Baleforce]

Pretty sure all 3 examples you gave you have to agree to work for them for a period of time after your training.

yeah, but not forever, and there are always break clauses

In principle, how do you carve out certain industries from employment law?

 

[Lilbaz]

yeah, but not forever, and there are always break clauses

In principle, how do you carve out certain industries from employment law?

I never said they had to work for them forever.

Football clubs don't get players to play for them forever. Just for the time agreed to in their contract.

 

[Baleforce]

I never said they had to work for them forever.

I didn't mean forever, forever ever, either, thats a common shorthand for an extended period of time.

It's an interesting thought experiment, how do we justify different rules across industries, and what could football look like if transfer fees were not a thing, I don't think its necessarily a bad thing, its a fascinating idea.

 

[Lilbaz]

I didn't mean forever, forever ever, either, thats a common shorthand for an extended period of time.

It's an interesting thought experiment, how do we justify different rules across industries, and what could football look like if transfer fees were not a thing, I don't think its necessarily a bad thing, its a fascinating idea.

They agreed a contract to play for the club for a certain amount of time. Seems pretty simple.

What would football look like without transfer fees? There'd be no academies for one. So not sure how it would survive.

 

[Baleforce]

They agreed a contract to play for the club for a certain amount of time. Seems pretty simple.

What would football look like without transfer fees? There'd be no academies for one. So not sure how it would survive.

Those under old style contracts have yeah, what if the types of contract changed though?

There would still be academies, just not as many.

The game would survive, it’s one of the biggest industries on the planet.