The Diarra Judgment and its Contractual Consequences: The Challenge for Article 17 RSTP to Balance Competing Interests - By Melanie SCHÄRER

Introduction

The dispute arising from Lassana Diarra’s early departure from Lokomotiv Moscow ultimately led to a judgment of the Court of Justice of the European Union (CJEU) that went far beyond the confines of sporting adjudication. What began as a classic club-player dispute within FIFA’s internal system became a test case of the compatibility of core provisions of the Regulations on the Status and Transfer of Players (RSTP) with EU rules on free movement and competition.

The CJEU concluded that certain mechanisms in the FIFA Regulations on the Status and Transfer of Players (FIFA RSTP) could not be reconciled with EU Law. In response, FIFA introduced an Interim Regulatory Framework, effective 1 January 2025, intended to ensure regulatory continuity while a permanent reform is studied and...

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