The generic transfer thread

[BRO_BOT]

Currently FIFA rules say any player who terminates their contract 'without just cause' will owe the club compensation, and to further encourage this to not happen their rules also say any club that signs a player who has terminated their contract elsewhere 'without just cause', will have to share said compensation cost, and further still the rules say while this situation remains, the club the player just walked out on is fine to hold on to the players registration document so that any new club that does go ahead and sign someone in that situation then can't register them to play.

This happened to Diarra when he walked out on Lokomotiv Moscow after they decided to lower his wages without his approval. He told them to do one and walked out on them. He went to FIFA and put in a claim for all his unpaid wages to the end of his contract. Locomotiv Moscow then put in a claim with FIFA against Diarra saying he left 'without just cause' and he owes them compensation.

FIFA backed the club and Diarra was told to pay them €10.5M.

Charleroi in Belgium contacted Diarra and said they wanted to sign him. They then contacted FIFA to ask for clearance to sign him. FIFA said no.

Diarra has taken FIFA & Belgian FA to court over this and he won, with Diarra being awarded €6M damages from those 2 parties.

FIFA & Belgium FA appealed this to the EU Court Of Justice, and the decision will be announced on Friday over whether Fifa's decision was in line with EU articles 45 (freedom of movement of workers) and 101 (prohibition of cartels)

Legal folk are suggesting FIFA will lose.

Knock on effect, if FIFA regulations are not changed, are that players can just walk out on contracts at any point, for any reason they want (being offered more money elsewhere being the obv example) and the football authorities won't be able to stop them moving clubs and being registered by those new clubs

tldr...can you summarize please

Fifa won't let players leave clubs mid contract. A court case verdict on Friday may disagree with them being able to stop that happening and so players may get the right to just walk out on clubs and go join another club any time they want.

ta

[Sanguine]

Bit I'm missing is, what is it about the Diarra case - he left Lokomotiv when they unilaterally cut his pay - that means if the court rules in his favour, players can just walk out on contracts? Didn't he have just cause, a breach of contract on the club's side?

[Winston Biscuit]

Bit I'm missing is, what is it about the Diarra case - he left Lokomotiv when they unilaterally cut his pay - that means if the court rules in his favour, players can just walk out on contracts? Didn't he have just cause, a breach of contract on the club's side?

All I can find on this is that the club say they were within their rights to lower his salary as his performances has dropped. He says they weren't, and so walked out on them.

Maybe it's more complex and there was actually something loosely worded in his contract around this or maybe he just disagreed with them around his performances being gash.

[Winston Biscuit]

Looking at this from a positive point of view, this could send transfer fees crashing down. Who wants to spend tens of millions on a player who could just hand in their notice 6 months later and leave for free?!

Would put more power in players hands, and would likely send their financial rewards even higher as teams try and find ways of getting players to commit to them.

[Sutekh]

Bit I'm missing is, what is it about the Diarra case - he left Lokomotiv when they unilaterally cut his pay - that means if the court rules in his favour, players can just walk out on contracts? Didn't he have just cause, a breach of contract on the club's side?

All I can find on this is that the club say they were within their rights to lower his salary as his performances has dropped. He says they weren't, and so walked out on them.

Maybe it's more complex and there was actually something loosely worded in his contract around this or maybe he just disagreed with them around his performances being gash.

Don't think it's too clear what actually happened. Don't think Moscow did cut his wages, just wanted to after he fell out with the manager in 2014. Diarra obviously refused to agree and started not turning up and making excuses for being unable to get to training which is when Moscow cited him for breach of contract and asked FIFA to ban him until his contract situation with them was sorted out.

And FIFA, instead being sensible and seeking to arbitrate the mess, just agreed with the club and cr@pped on the player. Consequently they're now facing this almighty mess which might mean a particular gravy train for agents, clubs and players gets destroyed (but don't worry I'm sure they'll think of another).

[Sanguine]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

[Sutekh]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Yep, believe it makes any player contract at any level in any country totally meaningless to both parties.

Interested to see what FIFA do next, and they'll have to do it quickly.

[Winston Biscuit]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

[Winston Biscuit]

My immediate assumption is that at the top level this can be countered, to a degree, by money. Players already receive their signing on fee on an annual basis each September, so just load more of their wages into that model and it keeps players at clubs longer to get that money.

At the bottom end clubs dont have the money to do that. Player joins a L2 club and signs a 4 year deal but 6 months in they know the team at the top want them, so they just resign, work the notice period, and go join that other team, with a nice joining bonus to help.

I imagine there will be loads of playing with ideas by lawyers on both side, and loads of looking at what other sports do, before a new model is worked out.

[Sutekh]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

However if they "resigned" and went to "look for a new job" players would be restricted somewhat as technically clubs can't approach players about moving until they're in the last 6 months of their existing contracts and also the transfer windows still enforce a restraint of trade so it'll probably only be interesting in January, or over summer, when someone like Anthony Gordon could just say goodbye to Newcastle and join Liverpool without any of the standard club and agent negotiations to hold back deals that players might want to happen.

Can't wait for January now to see what happens around the various leagues....

[Sanguine]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

How does that work with transfer fees?

[Winston Biscuit]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

However if they "resigned" and went to "look for a new job" players would be restricted somewhat as technically clubs can't approach players about moving until they're in the last 6 months of their existing contracts

If they resign (and complete their notice period) then they won't be under any contract and would just be a free agent

[Winston Biscuit]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

How does that work with transfer fees?

Thats one of the significant areas that were said to be potentially impacted if FIFA lost this. Why woukd you pay loads of money to sign a player who has the right to just walk out on you whenever they want? Also why would you pay loads to sign a player when you could get word to them that if they resign and join you for free, you'll make it financially worth their while?

The reality is that the impact of this is probs one we can't see right now as there is likely going to be all sorts of lawyers involved now for clubs, players, and FIFA trying to play it all to their advantage and we'll have to see where it ends.

[Sutekh]

CJEU rules that FIFA rules that sanction players and clubs where a player terminates their contract 'without just cause' are unlawful.

If I've understood correctly, would effectively make player contracts meaningless with respect to player retention.

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

How does that work with transfer fees?

Theoretically believe it could mean players just walking out and signing for a new club as this ruling means FIFA and FAs can't withold registrations so now there'll be a load of very worried clubs looking at the legal ramifications and for loopholes etc.

Presume FIFA will need to act very quickly to try and stop anarchy but probably nothing will happen as a result of this until a club rejects an offer (however ludicrous) from another club for a player that would like to move to that bidding club.

Therefore why pay fees for players at all?

Mind you no fees for players would help clubs with ffp.

[Sanguine]

Fair point that I have read on another forum that what this ruling effectively does is no more than put footballers on an equal footing as you or I. If we want to change jobs, even if we are on a 'fixed term contract', we submit our notice, and leave. This ruling in essence says that footballers should be able to do the same thing. But you or I aren't subject to an investment of tens of millions - there has to be some protection for clubs. Interesting times.

[Stranded]

Fair point that I have read on another forum that what this ruling effectively does is no more than put footballers on an equal footing as you or I. If we want to change jobs, even if we are on a 'fixed term contract', we submit our notice, and leave. This ruling in essence says that footballers should be able to do the same thing. But you or I aren't subject to an investment of tens of millions - there has to be some protection for clubs. Interesting times.

The "simplest" way around this is putting wording in a players contract that puts the notice period ending at the 30th June the following summer but a player must give written notice X months prior to that so say it is 3 months, then they will have to give notice by the end of March. Gives club the "protection" of knowing on 1st July, that they will not lose anyone they don't wish to without compensation being paid.

Am sure that would be challenged as well but if every club agreed to insert the same clause in contracts, it would be hard to challenge it - most contracts have a notice period and usually the more an individual is paid, the longer that is.

Could we also see something similar to the Spanish system whereby a player could leave without following the standard notice but they have to pay a defined amount themselves to the local authority to do so.

Alternatively, we'll end up with clubs only offering 1 year contracts and massive changes to teams squads each season.

[Pepe the Horseman]

Basically means a player can hand in their notice and leave a club while they are under contract to go find a new employer, just as you or I can with our jobs.

How does that work with transfer fees?

Theoretically believe it could mean players just walking out and signing for a new club as this ruling means FIFA and FAs can't withold registrations so now there'll be a load of very worried clubs looking at the legal ramifications and for loopholes etc.

Presume FIFA will need to act very quickly to try and stop anarchy but probably nothing will happen as a result of this until a club rejects an offer (however ludicrous) from another club for a player that would like to move to that bidding club.

Therefore why pay fees for players at all?

Mind you no fees for players would help clubs with ffp.

But wages will go through the roof if teams don't have to pay transfer fees. Players will be able to join whoever they want, so instead of bidding wars on transfer fees it'll be bidding wars on wages and signing on fees.

[Winston Biscuit]

If you can be bothered to read it, here is a sports lawyer going through the verdict and offering conclusions (the conclusions are roughly what we have assumed)

https://x.com/Ant1Duval/status/1842205150212984921?s=19

[Pepe the Horseman]

If you can be bothered, summarize it pls x

[BRO_BOT]

If you can be bothered, summarize it pls x

Yeah and no novels this time!