Bundesliga: Bulldozer management against transfer system threatens

San Francisco. Football player Lassana Diarra sues FIFA – David vs. Goliath? Why Bundesliga managers now look to Luxembourg with fear.

Lassana Diarra has nothing to lose. He is now 39 years old, retirement age for a professional football player. However, he can still achieve the victory of his life, not in the stadium, but in a courtroom: in front of European Court of Justice (ECJ) in Luxembourg.

If the Frenchman wins today against the almost omnipotent world association FIFA, the decision could be Bulldozer which turns out to “leave almost nothing left of the transfer system in professional football,” warns legal expert and former FC Köln legal advisor Alexander Scheuch, in the LTO legal blog.

Bosman’s second decision?

His case could thus change the football industry Bosman management almost 30 years ago. Since 1995, players have been able to change employers after their contract has expired without the new club having to pay a transfer fee. That was different before.

Diarra’s case follows on from this: the Frenchman wanted a change due to an ongoing contract without him or the new club agreeing to it. What is going on, the contractual obligation or the player’s right to freely choose his employer? It is certain that every branch of the Bundesliga watch Luxembourg today – the judge’s decision is expected around 9:30 am.

A factual version of the burden of proof

At the twilight of his career, Diarra had made a very good deal: he moved to Moscow locomotives. Term: Four years. The rest of the story is told quickly: after just a year of arguing with the coach, the football player goes on strike, skips training, and counts the club with stop and salary cut.

Diarra is turning his back on the club and is now moving to Belgium, where first division club Royal Charleroi want to sign him. Actually. In the end, the Belgians walk away from it because FIFA takes them both Fines and restrictions on movement can confirm, player and club.

Final transit system nearby

It is suspected that the new club from the beginning encouraged the player to break his contract. Basically it boils down to one Reversion to the burden of proof in addition: he must prove otherwise.

This is what happened to 1. FC Köln, which was approved to sign the player Jaka Cuber Potocnik. Such a thing Suspension and punishments put the former club “in a strong position,” analyzes the Munich sports lawyer Mark-Eduard Orth. No club will want to sign a player who is believed to be in breach of contract; and that in turn puts pressure on those players who have rightly terminated their contracts.

Diarra wants compensation

Anyway, the Court of Arbitration for Sport (CAS) followed FIFA. Diarra then went up to the next level of escalation: he sued the world community Damage.

The appeal court in Mons, Belgium, asked the ECJ whether the rules breached the Free labor movement and that Cartel prohibition breach Answer of Attorney General Maciej Szpunar: Yes twice. Scheuch’s lawyer: “The result is a clear 2-0 for Diarra.”

Diarra was looking for a man Locking not now in Belgium, but in Marseille, later at Paris St. Germain, having already played for Chelsea and Real. Normally he would have been financially secure. But it can reduce the entire transit system to non-existence. Who still pays a transfer fee when they get a player like that? Ultimately, there is a business model involved.