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5 J. Sports L. Pol'y & Governance 1 (2024)

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               JOURNAL   OF SPORTS LAW, POLICY AND  GOVERNANCE
                               ISSN (O): 2584 - 1122


                               EDITORIAL




 Breaking Boundaries: The Diarra Case and Its Ripple Effects

             on  FIFA   Regulations and Player Transfers



           Subhrajit  Chandal      &  Animesh Anand Bordoloi2



Abstract


The  Diarra case is a landmark  judgment  by the CJEU   with potential widespread
implications for the transfer market. Originating from a 2014 contract dispute between
ex-France player Lassana Diarra and Russian club Lokomotiv Moscow, the CJEU took

up Diarra's case and decided in his favour. Here, the Court found some of FIFA's RSTP
regulations to be disproportionate and restrictive, prompting the significant regulatory
changes discussed in this paper. In response to this ruling, FIFA implemented an interim
regulatory framework  that provided  a more   nuanced  approach  to compensation

calculations, the removal of automatic sanctions that hindered players from joining new
clubs after dismissal or unilateral contract termination and greater freedom for players to
transfer despite contract disputes. This case has been likened to the Bosman ruling, which
revolutionised the transfer market by empowering players and loosening the regulatory

grip of FIFA. However, while the Bosman ruling increased player mobility, the Diarra
case focuses more on ensuring fairness in contractual relationships. The full impact of the
Diarra case on  the football ecosystem, club-player relationships, and the financial

framework  still remains to be seen. Scholars like Duvall have warned of potential



1Assistant Professor and Assistant Director, Centre for Sports Law Business and Governance, Jindal Global
Law School, O.P. Jindal Global University, Sonipat, India.

2Assistant Professor and Fellow, Centre for Sports Law Business and Governance, Jindal Global Law
School, O.P. Jindal Global University, Sonipat, India.


*Subhrajit Chanda (schanda@ieu.edu.in.); Animesh Anand Bordoloi (abordoloi@jgu.edu.in.)


Pagel  1

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