Zurich – 4 October 2024 – The World Leagues Association (WLA) has reviewed the decision just handed down by the European Court of Justice which deems contrary to EU law certain provisions adopted by FIFA to regulate the transfer system.
We believe that the decision’s reasoning and implications are much broader than the specific matter at stake (an article of FIFA regulations which makes a club responsible for the wrongful termination of a contract by a player with his previous club). It has future consequences for the transfer system itself and specifically, the process by which it is regulated.
Regarding the transfer system, even following this verdict, limited duration contracts between players and clubs remain the standard and they cannot be terminated freely before their term. Any termination before the term where two clubs and a player reach an agreement will continue to take the form of a transfer.
However, the way by which the transfer system is regulated, and specifically the ability of FIFA to impose rules on transfers and labour matters is profoundly affected. The ECJ verdict insists that FIFA is a private entity that must, as such, comply with European Union regulations and national laws and specifically, labour laws.
In this context, the World Leagues Association stresses, once again, that international football can only be governed through collectively agreed solutions that include those who represent clubs and players at the national level (namely Leagues and Player Unions) and can negotiate collective bargaining agreements on labour matters.
