Fifa and European national football associations are facing a huge class-action lawsuit after the Diarra ruling deemed the world governing body’s transfer regulations to be unlawful.
Dutch foundation Justice for Players (JfP) is bringing the action on behalf of as many as 100,000 professional footballers who have played for clubs in EU member states and the UK since 2002, who it says earned approximately eight per cent less as a result of the regulations.
Jean-Louis Dupont, the lawyer behind the landmark Diarra and Bosman rulings, is advising JfP, whose board includes former Tottenham Hotspur technical director and England coach Franco Baldini.
It comes after the European Court of Justice last year ruled that Fifa regulations infringed EU competition law and workers’ right to free movement in a case brought by French former professional footballer Lassana Diarra and the international players’ union Fifpro.
JfP is filing the claim against Fifa and the national football associations of the Netherlands, Germany, France, Belgium and Denmark on the grounds of lost earnings.
Justice for Players say 100,000 could claim
According to the Justice for Players Foundation, the number of footballers affected by the rules may be approximately 100,000.
Justice for Players chair Lucia Melcherts said: “All professional football players have lost a significant amount of earnings due to the unlawful Fifa regulations.
“Justice for Players is bringing this claim to help achieve justice for footballers and fairness. The past and even current system unduly favours Fifa who has far too much unilateral power.
“In any other profession, people are allowed to change jobs voluntarily. The same should be true in football, particularly as the average career span of a professional footballer according to a FIFPro study is only eight years long.”
Preliminary analysis from global consulting firm Compass Lexecon has estimated that professional footballers affected have earned approximately eight per cent less throughout their careers than they would have if Fifa regulations had been lawful.
The JfP Foundation has instructed Netherlands-based firm Finch Dispute Resolution to represent it in the class action lawsuit.
Leading litigation funder Deminor will be funding JfP’s legal action, with the Foundation stating that players will not have to pay to join the lawsuit.
In response to the Diarra ruling, Fifa said it would revise its worldwide transfer regulations.
The Bosman ruling gave out-of-contract footballers freedom of movement for the first time, ushering in a new era of player power during the 1990s.