PORTUGAL Trends and Developments Contributed by: Miguel Santos Almeida, Maria Novo Baptista and João Saúde, Sérvulo & Associados
The comparative experience of other countries also allows us to anticipate that the transition to a centralised marketing model will generate advantages for sports channels and fans, insofar as it will make it possible to ensure that a wider range of sports content is available more regu - larly, in line with consumer preferences. The Diarra Case It would be impossible to discuss the sports developments in 2024 without referencing the Diarra case, in which the ECJ ruled that some of FIFA’s players’ transfer rules are incompatible with EU law. The decision was published on 4 October 2024 and has been referred to by the sports industry as the most revolutionary case since the Bosman case. The background of the case is as follows. • Lassana Diarra, a French football player, entered a sports employment agreement with the club FC Lokomotiv Moscow. • After one year, the club terminated his con - tract due to alleged contractual breaches and filed a claim for compensation before FIFA’s Dispute Resolution Chamber, claiming breach of the contract and termination without cause, as stated in Article 17 of FIFA’s RSTP. The claim was upheld. • Following the termination, the player received an offer by club Royal Charleroi, under the conditions that (i) Diarra could be registered and play in the club’s first team in all FIFA- , Union of European Football Associations (UEFA)- and Belgian Football Association- organised competitions, and (ii) no compen - sation was due by Royal Charleroi to Loko - motiv Moscow. • Given that the player could not assure those conditions, he missed this opportunity.
• Consequently, the player brought the matter before the Belgian courts in 2015 and argued that Article 17 of the RSTP did not comply with EU law, specifically with the principle of free movement of workers. • The Belgian courts upheld the claim, and FIFA appealed that decision to the ECJ. In October 2024, the ECJ deemed that Article 17(1) of the RSTP did not comply with the Euro - pean principle of free movement of workers, as enshrined in Article 45 of the Treaty on the Func - tioning of the European Union (TFUE), foreseeing that, in case of joint and several liability of the new club for the payment of compensation for breach of contract owed by a professional player to his former club in the event of early termina - tion of the contract without just cause, such pro - vision is likely to discourage or dissuade clubs from signing such player for fear of exposure to a financial risk. The ECJ also concluded that this rule unjustifi - ably restricted the free competition imposed by EU law (Article 101 of the TFUE), as it restricts the employment of players in this situation and puts them in an unfavourable position vis-à-vis other players. Following the ECJ decision, FIFA opened a global dialogue on Article 17 of the RSTP and suspended all disciplinary proceedings related to the application of that provision. In December 2024, FIFA adapted its transfer regulations on an interim basis, with immediate effect (ie, in time for the January transfer win - dow). The key temporary changes are as follows: • compensation payable by a player to their former club in the event of termination with - out just cause is to be calculated taking into
199 CHAMBERS.COM
Powered by FlippingBook