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Diarra Case: Some FIFA Transfer Rules Breach EU Law
Deutsche Welle
04 Oct 2024, 16:59
Photo: BERTRAND GUAY/AFP/Getty Images
The European Union's top court says some rules on international transfers created by football's governing body are contrary to EU law.
The European Union's top court ruled on Friday that some of the International Federation of Association Football (FIFA) rules are in direct conflict with the union's legislation.
The ruling was handed down after former French international Lassana Diarra legally challenged FIFA's rules regarding a dispute with a Russian club from 2014.
Citing legislation relating to freedom of movement, the Luxembourg-based Court of Justice of the European Union (CJEU) said in a statement: "The rules in question are such as to impede the free movement of professional footballers wishing to develop their activity by going to work for a new club."
What led to the legal challenge?
Diarra had signed a four-year contract with Lokomotiv Moscow in 2013, which was terminated a year later because the defensive midfielder was allegedly unhappy with pay cuts.
Lokomotiv Moscow then applied to the FIFA dispute resolution chamber for compensation while Diarra submitted a counterclaim seeking compensation for unpaid wages.
The Court of Arbitration for Sport (CAS) found the Russian club terminated the contract with Diarra "with just cause" and the player was ordered to pay €10.5m ($11.2m).
What rules was Diarra challenging?
Despite CAS ruling against him, Diarra made two further claims against FIFA, asserting that his search for a new club was hampered by FIFA rules.
FIFA’s Regulations on the Status and Transfer of Players (RSTP) say a player who terminates a contract before its term "without just cause" is liable to pay compensation to the club.
Furthermore, had Diarra then joined a new club, they would both be liable for payment of compensation.
He said a potential deal with Belgian club Charleroi fell through because of the FIFA rules and sued FIFA and the Belgian federation at a Belgian court for damages and loss of earnings of €6m ($7m).
With the lawsuit still going through Belgian courts, the case was referred to the CJEU for a ruling, which said FIFA's rules impede the free movement of players and are designed to restrict, and even prevent, cross-border competition.
"The Court recalls that the possibility of competing by recruiting trained players plays an essential role in the professional football sector," read the CJEU statement.
"Rules which place a general restriction on that form of competition, by immutably fixing the distribution of workers between the employers and in cloistering the markets, are similar to a no-poach agreement."
What could be the impact of the ruling?
There is a feeling that this ruling could lead to far-reaching implications, allowing players to leave their clubs without fear of being legally trapped afterward. Some have suggested it has the potential to be another Bosman ruling, referring to Jean-Marc Bosman changing football forever in 1995 when his case helped players to freely leave a club at the end of their contract.
However, with the case now returning to Belgian courts, the Diarra ruling has yet to reach its final verdict and so the implications remain unclear.
What was the reaction?
FIFPro, who were supporting Diarra in his challenge, welcomed the ruling, saying in a statement on social media platform X: "The ECJ has just handed down a major ruling on the regulation of the labor market in football (and more generally, in sport), which will change the landscape of professional football."
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Calin Georgescu Leads Romania's Presidential Race in First Round
Far-right nationalist Calin Georgescu has emerged as the frontrunner in Romania’s presidential election, securing 22% of the vote in the first round, according to preliminary results. Pro-European Prime Minister Marcel Ciolacu trailed closely with 20%, with the final results determining which two candidates will advance to the decisive run-off on December 8.
A Surprising Upset in Romanian Politics
Georgescu’s rise as an independent candidate has upended expectations in the closely watched election. Known for his nationalist rhetoric and criticism of Romania’s alignment with NATO and the EU, Georgescu bypassed traditional campaign methods, relying instead on TikTok to attract young and disenchanted voters.
Prime Minister Ciolacu, a veteran of the populist Social Democrats, represents a continuation of Romania’s pro-European stance and efforts to address domestic economic challenges. His focus on stability and social reforms contrasts sharply with Georgescu’s sovereignty-centered platform, which calls for a reevaluation of Romania’s international alliances.
Economic Struggles Fuel Anti-Establishment Sentiment
Romania’s economic woes have heavily influenced the election. With the highest poverty risk in the EU, affecting 35% of the population, and rising inflation exacerbating the cost of living, many voters have turned to anti-establishment candidates. Georgescu’s criticism of Romania’s "subservience" to NATO and the EU, including opposition to the NATO missile defense shield in Deveselu, resonated with voters seeking change.
Ciolacu, meanwhile, has promised to leverage EU funding to tackle inequality and improve living standards. He has also reaffirmed Romania’s commitments to NATO and its support for Ukraine amid the ongoing war.
Broader Implications of the Run-Off
Romania’s presidency holds significant influence over foreign policy, making this election pivotal for the country’s international positioning. A victory for Georgescu could signal a shift toward nationalist policies, potentially weakening Romania’s ties with NATO and the EU and aligning the country more closely with Russian interests. Conversely, a win for Ciolacu would likely sustain Romania’s current pro-Western trajectory, reinforcing its role in European security and economic frameworks.
A Rising Far-Right Tide
Georgescu’s success mirrors the growing influence of far-right populism across Europe, where economic grievances and disillusionment with traditional elites have fueled nationalist movements. His unorthodox use of TikTok has highlighted the increasing role of social media in mobilizing younger voters, bypassing traditional political channels.
As Romania prepares for the December 8 run-off, the outcome will shape the country’s domestic and foreign policies for years to come. The election has become a referendum on competing visions—pro-European stability versus nationalist sovereignty. With turnout and voter mobilization poised to be decisive, Romania’s future direction hangs in the balance.
DHL Cargo Plane Crashes Near Vilnius Airport in Lithuania
A cargo plane flying on behalf of German logistics company DHL crashed near Vilnius International Airport in Lithuania early on Monday, killing at least one person, according to Lithuanian officials.
The deceased person was confirmed by Lithuanian police to be a Spanish national and a member of the flight crew, although not one of the pilots.
The other occupants of the plane — a German, a Lithuanian, and another Spaniard — were reportedly injured, but their condition remained unclear.
What did DHL say?
"We can confirm that today, at approximately 4:30 am CET [0330 GMT], a Swiftair aircraft, operated by a service partner on behalf of DHL, performed an emergency landing about one kilometer from VNO Airport [Vilnius, Lithuania] while en route from LEJ Airport [Leipzig, Germany] to VNO Airport," the German company said.
A spokesperson for DHL Lithuania told the Reuters news agency that the company has opened an investigation, adding: "We do not have any information that any of the parcels onboard the crashed cargo plane were suspicious."
German investigators also said they were "in close contact with the involved parties at home and abroad to clarify the issue as soon as possible."
Aircraft manufacturer Boeing also said it was "working to gather more information" and stood "ready to provide any support."
What do we know so far about the DHL crash?
The plane, operated by Swiftair, had originated in the German city of Leipzig, which is a hub for DHL.
"It fell a few kilometers before the airport, it just skidded for a few hundred meters, and its debris somewhat caught a residential house," Renatas Pozela, the head of the Lithuanian rescue service said.
"Residential infrastructure around the house was on fire, and the house was slightly damaged, but we managed to evacuate people," he added.
Twelve residents were evacuated from the building, according to officials.
Vilnius Mayor Valdas Benkunskas said the plane missed the house "by chance" and crashed into the courtyard.
The cause of the crash is still unknown, and terrorism is not being ruled out
The cause of the crash was not immediately known, but Lithuania's police chief Arunas Paulauskas did not rule out terrorism as a motive.
"This is one of the versions that need to be investigated and verified. There is still much work ahead of us," Paulauskas said at a press briefing.
"These answers will not come so quickly," he added, saying that the crime scene probe, evidence collection, and gathering of information and objects could take an entire week.
According to data from rescue services, emergency crews were alerted about the crash at 5:28 a.m. local time (0328 GMT).
"City services are currently onsite, along with a fire truck and a command team from Vilnius Airport," the Lithuanian airport authority posted on X.
"Airport operations are not disrupted at this time."
Series of cargo-related incidents
German security services warned back in August of "unconventional incendiary objects" being posted via cargo services.
Warnings were issued in connection to an object that caught fire at DHL's Leipzig logistics center in July, having reportedly been sent from the Baltic States.
Also in July, similar incidents were reported when devices caught fire at courier depots near Warsaw, Poland, and Birmingham in the United Kingdom, with Lithuanian Prosecutor General Nida Grunskiene saying that packages had originated in Lithuania.
Both Poland and Lithuania share borders with the Russian exclave of Kaliningrad, and sabotage was not ruled out.
"I can state that this is part of unconventional kinetic operations against NATO countries that are being undertaken by Russian military intelligence," Kestutis Budrys, a national security adviser to Lithuanian President Gitanas Nauseda, told the Reuters news agency earlier in November.
"We note that these operations are being escalated: their focus is moving ... to harming infrastructure and actions that could end up killing people," he added.
Moscow has denied the accusations.
Small Plane Carrying Six People Crashes in Costa Rica
A small plane with six people onboard crashed southeast of Costa Rica's capital San Jose on Monday, the Central American country's civil aviation authority said.
The status of the passengers was not immediately known.
The aircraft — a Cessna 206 Stationair — crashed near the Pico Blanco mountain shortly after midday on Monday, news agency the Associated Press (AP) reported, citing the civil aviation authority.
Wreckage located
Search and rescue teams have located the wreckage on the mountainside, AP reported.
The plane had reportedly taken off from Tortuguero — which is located on Costa Rica's northern Caribbean coast — and was on its way to San Jose.
Japan's Space Agency Aborts Epsilon S Rocket Test After Fire
Japan's space agency, JAXA, aborted an engine test for the Epsilon S rocket after a large fire broke out at the Tanegashima Space Center on Tuesday.
"There was an abnormality during today's combustion test. We are trying to assess what happened," JAXA said.
Footage on national broadcaster NHK showed flames and smoke rising from the site on the southern Japanese island.
Journalists positioned around one kilometer (0.62 miles) away reported a large explosion shortly after the test began at 8:30 a.m. local time (2330 GMT).
Nobody reported hurt, investigation announced
No injuries were reported, and the cause of the incident is under investigation.
"JAXA will conduct a thorough investigation into the cause of the problem and consider countermeasures," said Chief Cabinet Secretary Yoshimasa Hayashi, the Japanese government's top spokesperson.
"The development of flagship rockets is extremely important for the independence of Japan's space development program."
But the Asahi Shimbun newspaper reported that JAXA's plan to launch the Epsilon S — the successor to the Epsilon — by March 2025 was now practically impossible.
Japan's space program has faced several setbacks, including failed launch attempts for its next-generation H3 launch system.
In March, a rocket made by a private Japanese company, Tokyo-based Space One, exploded seconds after launch.
Mahathir Calls for Unity Among Bangladesh’s Political Leaders
Former Malaysian Prime Minister and architect of modern Malaysia, Mahathir bin Mohamad, has urged Bangladesh's political leadership to work on the basis of consensus, avoiding divisions. He made this appeal on Wednesday (November 27) during an event in Kuala Lumpur.
Speaking at a press briefing following the event, in response to a question by Mohammad Alauddin, Executive Director of the International Islamic University’s PhD researchers' group (IPGZ), regarding recent developments in Bangladesh, Mahathir said, “The people of Bangladesh have bravely ousted an unpopular and autocratic ruler. They now have the opportunity to rebuild the country.”
He added that Bangladesh can move forward if its leaders avoid new divisions and work together in the national interest, prioritizing the country over individual agendas.
At the same event, another speaker, Malaysia’s former Foreign Minister and politician Tan Sri Hamid Albar, described Bangladesh as an important country in South Asia. He commended the hard-working nature of its people, noting that the country is progressing in various areas. Referring to the recent popular uprising, he remarked that Bangladesh now has a rare opportunity for reconstruction. He emphasized the need to take effective measures to reduce income and wealth inequality to ensure sustainable democracy.
Calling for efforts to enhance Bangladesh’s image internationally, he added, “We fully support Bangladesh’s inclusion in the Southeast Asian regional bloc, ASEAN.”
Ukraine Updates: / Zelenskyy Hints at Ending 'Hot War'
Ukrainian President Volodymyr Zelenskyy called for NATO to offer security guarantees to parts of Ukraine controlled by Kyiv in order to "stop the hot stage of the war." About one-fifth of Ukrainian territory is currently under Russian control.
Zelenskyy implied that he would be willing to wait to regain that territory, if a deal with NATO could ensure security for the rest of Ukraine and end the fighting.
"If we want to stop the hot stage of the war, we should take under NATO umbrella the territory of Ukraine that we have under our control," Zelensky told Britain's Sky News, according to a voiceover translation of his remarks from Ukrainian into English.
"That's what we need to do fast, and then Ukraine can get back the other part of its territory diplomatically," he added.
Zelenskyy, however, insisted any offer to join NATO must be given to the whole of Ukraine. "The invitation must be given to Ukraine within its internationally recognized borders. You can't give an invitation to just one part of a country."
The comments come ahead of the inauguration of US President-elect Donald Trump in January. Trump, who is seen as being an admirer of Russian President Vladimir Putin, has said he would end the war on day, without explaining what that would look like.
Scholz reassures Zelenskyy of German support
German Chancellor Olaf Scholz held a phone call with Ukrainian President Volodymyr Zelenskyy, where Scholz sought to reassure Ukraine of Germany's continued solidarity.
"We will continue our military support for Ukraine in close coordination with our European and international partners," Scholz said in a post on X after the call.
He said he had agreed with Zelenskyy to remain in contact "also with a view to possible paths to a just peace" to end Russia's ongoing invasion of Ukraine.
For his part, Zelenskyy thanked Scholz for Germany's help and support, particularly with air defense weapons, in a post on his Telegram channel.
The Ukrainian president said that Scholz had also discussed the details of his recent telephone conversation with Russian President Vladimir Putin.
"It is obvious that only the strength of arms and the strength of diplomacy can force the perpetrator of the war to make peace and that this peace can only be achieved through strength," Zelenskyy said.
Kolkata Hospital Announces Not to Provide Treatment to Bangladeshis
A hospital in Kolkata has announced that it will no longer treat Bangladeshi patients. They allege that Bangladeshis are insulting the Indian flag. Although Bangladeshis also have the same complaint. Last Thursday, a Hindu organization in Kolkata called Bangiya Hindu Jagaran Manch also set fire to the national flag of Bangladesh.
The Times of India reported that JN Roy, an official of the hospital in Maniktala, North Kolkata, West Bengal, alleging atrocities against minorities in Bangladesh, said that the decision was taken because Bangladeshis are disrespecting the Indian flag.
Another hospital official, Shuvrangshu Bhakta, told Indian news agency PTI that we have decided not to treat Bangladeshi patients for an indefinite period. Because they have shown disrespect to India.
Meanwhile, Dhaka has condemned the violent protests in front of the Bangladesh Deputy High Commission in Kolkata, West Bengal against the burning of the national flag of Bangladesh. The condemnation was made through a statement from the Bangladesh Foreign Ministry on Friday (November 29).
The statement said that the Bangladesh government notes with deep concern that a Hindu organization from Kolkata called Bangiya Hindu Jagaran Manch held a violent protest outside the Deputy High Commission of Bangladesh in Kolkata on Thursday (November 28) afternoon. The protesters broke through the police barricade and reached the premises of the Bangladesh Deputy High Commission. They set fire to the national flag of Bangladesh and burnt the effigy of the Chief Advisor of the Bangladesh government. Although the situation seems to be under control at present, there is insecurity among all the members of the Deputy High Commission.
It said that the Bangladesh government strongly condemns the heinous act of desecrating the national flag and burning the effigy of the Chief Advisor. Along with this, the statement called on the Government of India to take necessary measures to ensure that such incidents do not happen in the future.
It also said that the Bangladesh government condemns any kind of violent act. At the same time, the Deputy High Commission of Bangladesh in Kolkata and other diplomatic missions of Bangladesh in India have urged the Indian government to ensure the safety of diplomatic and non-diplomatic staff.
JN Roy said that minorities are being persecuted in Bangladesh, so he has urged other hospitals to adopt the same approach.
He also said that India has made an important contribution to the independence war of Bangladesh. However, we are seeing increasing anti-India sentiment in Bangladesh. We hope that other hospitals will also take the same steps.
