Due to FIFA transfer ban
©IMAGO
1. FC Köln is considering taking action against FIFA’s transfer rules following the ruling of the European Court of Justice (ECJ). Managing director Christian Keller explained this after the second division team’s 2-0 home win against newly promoted SSV Ulm. “It could be that there is a claim for damages. “We think about what we’re going to do,” said the 45-year-old (quoted via “Kicker”).
The highest European court ruled on Friday that “some FIFA regulations on international transfers of professional football players” violated EU law. The freedom of movement for workers and competition law are affected. Specifically, this concerns the case when a player terminates his employment contract prematurely without a good reason. 1. FC Cologne was given a transfer ban by the world football association, and the international sports court CAS subsequently confirmed the verdict.
“The legal basis on which we were convicted is contrary to European law because it violates antitrust law and freedom of movement for workers,” explained Cologne boss Keller. This is about paragraph 17.4, on the basis of which the club was convicted. “In hindsight we were right, but that’s little consolation,” said Keller. A short-term action is apparently out of the question for the traditional club because such an approach would not achieve anything in practice. “We don’t want to sign an out-of-contract player until December 31st.”
Transfer ban: 1. FC Köln failed in their appeal to FIFA for clemency
At the beginning of July, 1. FC Köln tried again to have the transfer ban imposed on the club lifted. A “request for mercy” was rejected by FIFA, as the “Kicker” reported. “We knew that the chances of success were slim, but we still wanted to leave no stone unturned,” Keller commented at the time. “In this respect, we were not surprised by the rejection of the request for clemency.”
The fact that FC was not allowed to register new players in the summer was the aftermath of the transfer of Jaka Cuber Potocnik (19). The Slovenian signed with the Billy Goats in 2022 – illegally according to the ruling of the world football association, confirmed by CAS. Former club Olimpija Ljubljana had sued and the cathedral townspeople were convicted on charges of inciting a breach of contract. “According to the new case law, the player could have resigned and we would not have had to prove that we were innocent,” said Keller.
