FIFA has adopted an interim regulatory framework in response to the Court of Justice of the European Union (CJEU) judgment in the Lassana Diarra case (C-650/22). The amendments focus on providing clarity and regulatory consistency in contractual stability, compensation for breaches, and the issuance of International Transfer Certificates (ITC). These changes will take effect on 1 January 2025 and apply retroactively to ongoing cases before the Football Tribunal.
Key Changes
1. Definition of "Just Cause" (Article 14 of the RSTP):
- A new definition has been added, stating that a contract may be terminated without consequences where “just cause” exists.
- “Just cause” is defined as circumstances where a party can no longer reasonably and in good faith continue the contractual relationship.
- This codifies existing case law while maintaining a fact-specific approach to determining "just cause."
2. Compensation for Breach of Contract (Article 17):
- Compensation will be calculated using the "positive interest principle", focusing on restoring the affected party to their position if the breach had not occurred.
- Key factors include:
- The damage suffered;
- The facts and circumstances of the case;
- The applicable national law.
- The amended framework removes previously problematic calculation criteria highlighted by the CJEU.
3. Joint and Several Liability for Breach of Contract (Article 17, Paragraph 2):
- The burden of proof has shifted:
- A club alleging that a player’s new club induced them to breach a contract must provide evidence of the inducement.
- Joint liability is no longer automatic and applies only if the evidence supports the claim.
4. Inducement to Breach a Contract and Sporting Sanctions (Article 17, Paragraph 4):
- Sporting sanctions, such as a transfer ban for the new club, will only apply if the alleging party proves the inducement to breach the contract.
- This reverses the prior assumption of inducement and emphasizes evidence-based decisions.
5. Duty to Collaborate and Evidentiary Requests (Article 13 of the Procedural Rules):
- A new rule clarifies that parties must collaborate to establish facts and respond to evidentiary requests in good faith.
- Failure to comply with these requests may lead to adverse inferences being drawn by the Football Tribunal.
6. International Transfer Certificates (ITC) (Annexe 3 of the RSTP):
- The issuance of ITCs has been streamlined:
- The former association must issue the ITC within 72 hours of a request.
- If no response is provided, the new association may proceed to register the player.
- FIFA’s intervention can be requested in exceptional cases, but contractual disputes cannot block ITC issuance.
- ITC issuance does not affect the right of parties to pursue contractual claims separately.
7. Cases Pending Before the Football Tribunal:
- Amended rules apply retroactively to all cases pending as of 1 January 2025.
- Parties involved in these cases will have the opportunity to provide input on how the changes impact the merits of their claims.
8. Disciplinary Measures:
- Certain sanctions related to financial entitlements under Article 17 and Annexe 2 have been temporarily suspended:
- This includes measures against players, coaches, and clubs linked to these provisions.
- Existing sanctions related to breaches during the protected period remain unaffected.
What's next?
FIFA will continue its stakeholder consultations to develop a revised long-term version of the RSTP, considering feedback and the legitimate interests of all parties.
It remains to be seen how these changes will affect preparation for the FIFA exam.
Resources to download
- Interim regulatory framework explanatory notes
- Circular no. 1917
