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Decoding Judgements: The Tug of War between Freedom of Movement and Competitive Integrity – FIFA v BZ (Diarra)

18 October 2024 | CaseSnappy Team

An aerial view of the stadium of FC Lokomotiv Moscow, the team Diarra played for before his legal challenge against FIFA.

Introduction

Hello again, CaseSnappy community! In this instalment of our Decoding Judgements series, we dive into the riveting world of football through the lens of legal discourse. Center stage stands the very recent Case C‑650/22, Fédération internationale de football association (FIFA) v BZ (Diarra). This dispute pivots around the intersection of freedom of movement, competition law, and the stipulations in FIFA's Regulations on the Status and Transfer of Players (RSTP).

Foul Play: The Case Facts

Caught in the crossfire was Lassana Diarra (BZ), a French former professional footballer, who found himself at legal odds with FIFA following the termination of his contract with Lokomotiv Moscow. Under FIFA's RSTP, this termination aroused penalties for both the player and his prospective new club. Consequently, BZ faced roadblocks in squeezing past these regulations and joining his desired teams.

Finding the Back of the Net: The Issues

For BZ, the implications were clear. He contended that FIFA's regulations posed an undue restraint on his freedom of movement and his ability to work within other EU Member States, thus clashing with Article 45 TFEU. FIFA, on the other hand, took to the defense, asserting that such regulations were indispensable in preserving stability and integrity within the global football leagues.

Goal or Offside: The Decision

Ultimately, the court ruled against FIFA, identifying its regulations as an unjust and unlawful obstruction to freedom of movement and competition, in violation of Articles 45 and 101 TFEU.

CaseSnappy: Unravelling Judgements

In the grand arena of Fédération internationale de football association (FIFA) v BZ (Diarra), we discern the delicate balance between upholding mobility rights of an individual and preserving the competitive integrity of a sport. This judgement underlines how significant legal principles such as the EU's freedom of movement can powerfully impact the world’s most popular sport.

Join us for our future Decoding Judgements instalments, where we'll unpack more captivating cases. Want to continue diving into the intricate world of jurisprudence? Be sure to sign up to CaseSnappy today for free!

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