“Effzeh” is considering a claim for damages against FIFA following the ECJ ruling

Based on the ruling of the European Court of Justice (ECJ) in the Lassana Diarra case, 1. FC Cologne may be seeking damages against the world football association FIFA. Sports director Christian Keller was currently “reluctant to say too much” on this topic. But it could be that there is a claim for damages,” he emphasized: “We’ll think about what we should do.”

FIFA imposed a transfer ban on FC last winter because the club was said to have incited Jaka Cuber Potocnik, who was still young at the time, to terminate his contract with Olimpija Ljubljana in Slovenia and sign with Cologne. The Potocniks family argued that there were “valid reasons” to withdraw from the contract.

Ljubljana did not stick to agreements, which the Slovenian club did not accept and involved FIFA. This blocked Potocnik and imposed the sanction on FC, which will only be allowed to sign players again in the next transfer window, which opens on January 1, 2025.

“It can be stated without any ifs and buts: the legal basis on which we were convicted, this paragraph 17.4 of the transfer regulations, is contrary to European law. That was one of our central arguments in the CAS proceedings,” said Keller, whose club failed in an appeal before the International Court of Arbitration for Sport. Since the transfer ban is now expiring anyway and the FC could register a maximum of players without a contract by the next opening of the transfer window, a claim for damages appears to be the most realistic option.

The ECJ published a ruling on Friday with potentially far-reaching consequences for the transfer market. Some aspects of FIFA regarding a player’s ability to seek further employment after unilateral contract termination are “suitable to hinder the freedom of movement of professional football players”.

Rules violate EU law

The provisions in question can be found in the FIFA Regulations on the Status and Transfer of Players (RSTS). “The Court is of the opinion that all of these rules violate EU law,” says the ECJ press release.

The European Court of Justice ruled on the Lassana Diarra case. The former France international abruptly left his club Lokomotiv Moscow in 2014 due to salary cuts. Lokomotiv terminated the contract on the grounds that the player had committed breaches of contract. The club is also demanding compensation of 20 million euros from Diarra. Diarra refused and in turn demanded compensation from Lokomotiv.

FIFA ultimately ordered him to pay his former club ten million euros. This fine was confirmed by CAS. Diarra was also banned for 15 months. In addition, each of Diarra’s future clubs also had to pay a penalty, which is why the Belgian first division club Royal Charleroi withdrew from a planned commitment. Diarra and his lawyers then took legal action against FIFA.