Thirty Years Post-Bosman, Battle Over Football Transfers Continues

Three decades following the landmark European Court of Justice decision in the Jean Marc Bosman case, which revolutionised the financial aspects of football, the sport continues to grapple with its ongoing legal consequences.

The most recent development stems from a 2024 ECJ judgement supporting ex France international Lassana Diarra, prompting a possible class action lawsuit from players unions that might burden football governing bodies with "billions of euros" in damages, according to a lawyer acting on their behalf who spoke to AFP.

The Bosman verdict reshaped the landscape across Europe. In December 1995, the ECJ sided with the Belgian player after he took legal action against RFC Liege, the Belgian football association, and UEFA, because the club prevented his transfer to French team Dunkerque in 1990.

Even with Bosmans contract expired, Liege insisted on receiving a transfer payment.

This ruling introduced free agency into football, along with other changes. The ECJ further determined that unions within the European Union must not impose restrictions on athletes from fellow EU nations.

Athletes and their representatives swiftly adjusted to these regulations. Dutch stars Edgar Davids and Michael Reiziger were among the initial high profile free transfers, departing Ajax for Inter Milan the next summer, hinting at how the decision would hasten the gathering of top talent at Europes elite teams.

The judgement arrived amid booming incomes in key European competitions, especially the English Premier League, and shortly before wealthy investors started acquiring teams, beginning with Roman Abramovichs purchase of Chelsea in 2003.

The Bosman outcome triggered numerous subsequent legal challenges, as the sport debates methods to manage athlete agreements.

The current initiative, pursued through Dutch judicial channels by an organisation named Justice for Players, targets FIFA, the 28 EU member associations, and the four British domestic unions. It builds on the favourable decision for Diarra, who once played for Chelsea, Arsenal, Real Madrid, and Paris Saint Germain.

In 2014, after Lokomotiv Moscow sought to reduce his pay, Diarra negotiated terms with Belgian outfit Charleroi.

Lokomotiv required compensation, and FIFAs dispute resolution panel supported them, mandating Diarra pay 10 million euros while imposing a 15 month suspension.

The ECJs support for Diarra extended to recognising that "professional footballers with careers spanning over 20 years from 2002 to 2024, and potentially ongoing, have endured losses," explained Dolf Segaar, a Dutch attorney serving on Justice for Players board.

"Our estimates indicate that on average, each player lost eight percent of their earnings," Segaar noted.

For roughly 100000 pros during that era, "it undoubtedly amounts to several billion euros," he continued.

The core issue lies in the uncertainty for athletes without buyout provisions, which remain prohibited in various European jurisdictions, regarding the exact costs of ending their deals with prior clubs.

Segaar aims to enlist national athletes unions to bolster the suits legitimacy.

He anticipates filing in court "in the first quarter" of 2026.

"The proceedings could span several years," he mentioned.

Ex player David Terrier chairs both the French players union, which supports the effort, and the pan European FIFPRO branch, which does not.

"Many unions face challenges as it pits them directly against their national associations, with some maintaining close ties and pacts with those bodies," Terrier shared with AFP.

Elite Teams Maintain Dominance

He expressed a desire to seek settlements, similar to his approach in the Diarra matter.

"Lassana Diarra avoided becoming another Jean Marc Bosman," Terrier recalled. "He noted, 'I represent the national side, feature for premier clubs, and I do not wish to be recalled for this lawsuit. I prefer memories of my pitch achievements, wins or losses.'

"Yet FIFA offered no reply."

Terrier voiced confusion over FIFAs stance, likening their legal outcomes to a teams performance.

"As a FIFA counsel, I realise I could not advance to Champions League or Club World Cup status, given the string of defeats," he remarked.

FIFA, which issued temporary guidelines post Diarra ruling, and UEFA both declined comment on the case, though they have announced intentions to overhaul transfer mechanisms.

Segaar, Terrier, and the sport organisations concur on certain elements.

Teams ought to secure initial pro deals with their academy graduates. Athletes should lack early exit options in the opening one or two years of terms.

Moreover, clubs deserve remuneration via a clear agreed mechanism or through buyout terms.

The forthcoming framework, per Segaar, "will alter financial dynamics somewhat, yet likely without the upheaval caused by the Bosman ruling back then".

However, he cautioned, "wealthy teams will stay affluent. That aspect remains unchanged."