Litigator & Counselor
It has now been almost two months since the Court of Justice for the European Union (the “CJEU”) issued Diarra.[1] The decision held that portions of FIFA’s Regulations on the Status and Transfer of Players (the “RSTP”) were inconsistent with the Treaty on the Functioning of the European Union (the “EU Treaty”). In effect, the offending …
Continue reading “After Diarra: Q&A on the New Transfer Market”
Earlier this month, the Court of Justice for the European Union (the “CJEU”), issued its long-awaited judgment in Diarra[1] – a case that targets the core of FIFA’s transfer system. As expected, subject to confirmation by the lower court, the CJEU struck portions of FIFA’s Regulations on the Status and Transfer of Players (the “RSTP”) …
From start to finish, Chelsea drove the story of 2023’s winter transfer window. Like many a good story, this one was well-organized. It began in north, where Chelsea spent €12M to purchase emerging striker David Datro Fofana from Norway’s Molde and flowed downstream to its conclusion in the south, where they handed Benfica €121M for …
Continue reading “David Datro Fofana: From Abidjan to Chelsea and the Fight In Between”
This article was first posted on March 9, 2018 (on Medium). It has undergone minor edits for clarity. In January 2018, Canadian striker Cyle Larin completed a move from Major League Soccer’s Orlando City to Turkish club Besiktas. Reportedly, Besiktas paid Orlando a transfer fee in the neighborhood of $2.3 million. That was the simple part. The …
In late 2021, the Court of Arbitration for Sport denied 15-year-old American David Kelley’s[1] attempt to sign with Fehervar, one of Hungary’s top clubs. The player had argued he fell within the “not linked to football” exception to Article 19 of FIFA’s RSTP – the rule that, in most cases, prevents clubs from signing foreign …
Continue reading “Notes on Article 19: In pursuit of a more coherent standard”
Two weeks ago, FIFA’s Disciplinary Committee punished two French clubs – Angers and Paris FC – for their roles in a so-called “bridge transfer.” This is a multi-step transaction where clubs arrange for the same player to be transferred twice, over a short time, so they can avoid some rule or regulation. While clubs have …
In the summer of 2019, Roma transferred two players to Spartak Moscow for €3 million each. The first player – well-regarded striker Ezequiel Ponce – was worth at least that much. But the second – reserve team goalkeeper Andrea Romagnoli – was worth far less. At the time, Roma owed a sell-on fee to Argentine …
Continue reading “FIFA Case Note: Newell’s Old Boys v. Roma”
Terry Brennan Law 