FIFA Faces Class-Action Lawsuit from Justice for Players
FIFA is poised to confront a significant class-action lawsuit that may encompass claims from nearly every professional footballer active within the European Union and the United Kingdom since the start of 2002. This legal challenge emerges from a newly established Dutch organization known as Justice for Players (JfP), which has initiated its efforts with a filing made on Monday.
Background of the Lawsuit
The impetus behind this lawsuit is the recent ruling by the Court of Justice for the European Union (CJEU) regarding former footballer Lassana Diarra‘s lengthy legal struggle against FIFA and the Belgian Football Association. The CJEU had previously determined that certain aspects of FIFA’s Regulations on the Status and Transfer of Players (RSTP) infringe European competition laws.
Diarra’s case was rooted in a substantial fine imposed by FIFA amounting to €10.5 million (£9.1 million/$12.1 million), along with a 15-month ban for allegedly terminating his contract with Lokomotiv Moscow without just cause in 2014. This led to a suspension where Diarra could not join any new club, particularly Belgian side Charleroi, due to FIFA’s regulations that necessitated the withholding of the International Transfer Certificate, a crucial document for transferring players across borders.
Implications of the Ruling
This ruling has generated considerable debate among legal experts and industry insiders. Some view it as potentially undermining the entire transfer system, opening the door for claims totaling billions against FIFA, while others argue its effect will be narrower, affecting only two specific aspects of the transfer rules. These include:
- How financial compensation is determined when a player breaks their contract.
- The responsibility of the player’s new club for any such breaches.
Claims from Justice for Players
The leaders of JfP, which includes seasoned lawyers and football executives, argue that FIFA’s regulations negatively influenced every player’s earnings, preventing many from exercising their rights to terminate contracts due to the severe penalties involved. They assert that over 100,000 players have lost out on nearly 8% of their career income due to these unfair regulations, as discussed in a preliminary analysis by economic consultancy firm Compass Lexecon.
The lawsuit against FIFA and several national federations—including those from Belgium, Denmark, France, Germany, and the Netherlands—will be lodged in the Dutch district court of Midden Nederland, a jurisdiction favorable to class-action lawsuits. The scope of the lawsuit may expand in the future beyond the initial five federations included.
Leadership and Support
JfP’s leadership team features prominent figures, such as experienced Dutch attorneys Lucia Melcherts and Dolf Segaar, along with Franco Baldini, a former assistant manager for the England national team. They are also receiving guidance from Jean-Louis Dupont, famed for representing Jean-Marc Bosman in a groundbreaking 1995 case that revolutionized player transfers.
The funding for this class action will be supported by Deminor, an international litigation funding entity, which will take a percentage of recovered damages for its services. Potential claimants, including both current and former players, are encouraged to visit JfP’s website for further details, with a trial date projected for the first quarter of 2026, followed by an anticipated ruling in three years.
Reactions and Future Steps
FIFA has yet to respond to this development, but the European players’ union, FIFPro Europe, has expressed support for the lawsuit, framing it as a necessary reaction to the CJEU’s decision. However, the union also indicated its willingness to engage in dialogue with FIFA and public authorities to ensure the future stability and integrity of football.
