Lassana Diarra seeks 65 mn euros from FIFA and Belgian FA in transfer case / Photo: Bertrand GUAY - AFP/File
Lassana Diarra seeks 65 mn euros from FIFA and Belgian FA in transfer case
Former France international Lassana Diarra is seeking 65 million euros ($76 million) from FIFA and the Belgian football association as part of a long-running legal battle, the player's lawyer announced on Monday.
Diarra's challenge to FIFA prompted world football's governing body to amend its transfer rules after a landmark legal ruling last year, but he has been unable to reach a settlement.
His lawyer Martin Hissel said the claim was for "compensation for damage caused by FIFA rules" on transfers, which the Court of Justice of the European Union (CJEU) ruled to be contrary to European law last October.
"Following a ruling by the CJEU, in the absence of an amicable solution, it is natural to return to the national courts so that they can implement the CJEU ruling," Hissel said in a statement.
"That is what we are doing today, on the basis of a very clear ruling by the CJEU, which has settled all the essential legal points. The Belgian courts should deliver their decisions within 12 to 15 months."
The CJEU in October found that FIFA rules impede the free movement of players by "imposing considerable legal risks, unforeseeable and potentially very high financial risks as well as major sporting risks on those players and clubs wishing to employ them", thereby disrupting the transfer system.
At the request of the Belgian courts, the Luxembourg-based CJEU examined the case brought by Diarra, who 10 years ago had contested the conditions of his departure from Russian club Lokomotiv Moscow.
In August 2014, Lokomotiv Moscow terminated Diarra's contract citing contractual breaches by the player. The Russian side also sought 20 million euros compensation from him.
- 'Culture of contempt' -
Diarra refused and requested that Lokomotiv pay him compensation, but the now 40-year-old was eventually ordered to pay his former club 10 million euros by FIFA, a fine that was upheld by the Court of Arbitration for Sport. Diarra also received a backdated 15-month suspension.
As a result, Belgian club Charleroi ultimately decided not to sign the midfielder for fear of having to pay part of these penalties, in accordance with FIFA regulations examined by the CJEU.
Following the CJEU's ruling, FIFA announced last December it had adopted an "interim regulatory framework" regarding player transfers.
"I waited a few months before restarting the national proceedings in Belgium, thinking that, particularly following the efforts of FIFPRO Europe (the European players' union), FIFA and the Belgian football association would at least have the decency to contact me to propose an amicable settlement of the dispute (this was, in fact, the tone of the messages I received from FIFA)," said Diarra in a statement.
"This was not the case. It is their right, but it reflects a persistent culture of contempt for the rule of law and for players, despite the very clear message sent by the CJEU.
"To my great regret, we will therefore once again have to go before the judges, as I have no other choice."
Capped 34 times by France, Diarra also played for Chelsea, Arsenal, Portsmouth and Real Madrid before ending his career at Paris Saint-Germain in 2019.
Ch.Reilly--EWJ
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