 | Forum
Reply | FIFA
at 17:46 7 Aug 2025
A player who challenges the rules ends their career. No one has forgotten Bosman, he won in Court but his career was over - partly because he wasn't terribly good.
The recent ECJ case brought by Lassana Diarra, the Court partially found in his favour, but they didn't go as far as many thought they would. What they did was hand down a judgement that cleared a path for actions for damages, as we now see.
This action seems to be being brought by players at the end of their career, so they're not bothered about being blacklisted by clubs. I can see why the ECJ would prefer this route. If it dramatically changes the rules, as it might, that coming from a civil action be less disruptive than the ECJ nixing the whole contract system in football as unlawful.
What will happen? Dunarskme. It's a Court, anything can happen, especially when there have been no cases around this for thirty years. No guidance from the Courts for that long on what the law actually is tends to lead to nasty surprises when the Courts actually set out their decision. |
| Forum
Reply | FIFA
at 20:17 6 Aug 2025
It always surprises me that the loan system has been allowed to stand for so long. It is clearly iniquitous that when a player completes his loan spell (where the parent club sent him), if he wants to stay there the parent club can stop him and insist he goes somewhere else. |
| Forum
Reply | FIFA
at 20:11 6 Aug 2025
People make the mistake of forgetting that these are not contracts to supply, they are contracts of employment, and therefore hedged about with all manner of restrictions on what can and cannot be included.
In the normal world, you can't take someone on and force them to not move to a competitor for 3 years because you are paying out a lot of money to train them. A Court would laugh at you if you tried.
Being unhappy or getting a better offer are both very good reasons to quit a fixed term contract, it happens all the time with contractors in IT, and there are no legal consequences.
The only reason football players can't do this is because FIFA/EUFA/FA stop clubs from taking them on if they don't like the player's contractual situation. That is the very definition of a restrictive practice between employers. |
| | RodgerTheDodger
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