Fifa accused of bullying in attempt to kill off multi-billion class action claim
Fifa has been accused of using bullying tactics in a bid to kill off a class action lawsuit claiming billions in lost earnings from football’s governing body on behalf of current and former players.
Justice For Players is pursuing a mega claim deriving from the European Court of Justice’s landmark Diarra Ruling, which declared Fifa’s transfer rules illegal 18 months ago.
It had collected support from around 20 national and international trade unions, but many are now set to withdraw public backing following a deal struck with Fifa on the eve of the World Cup.
In return for a formal say in future regulation changes, global union Fifpro agreed to drop any legal claims against Fifa and tell its member bodies not to show support for Justice For Players.
“I think in the end they [Fifa] bully everyone,” Justice For Players lawyer Koen Rutten told City PM.
“Fifa has the power, they set the terms. It’s not Fifpro that sets the terms. It’s not football associations that set the terms. It’s Fifa that sets the terms.
“Of course, there is now an MOU [memorandum of understanding], and there is a seat at the table, but what’s gonna happen? What are the details of this MOU? Is this going to bring actual change?
“I really hope so for the players, and I really hope that Fifpro is that strong, and that they can at least have a level playing field in the negotiations.
“But I think in the end Fifa forced or bullied them into this MOU.”
Justice For Players estimates that 100,000 footballers lost eight per cent of their earnings over two decades as a result of Fifa’s transfer framework, which the ECJ deemed incompatible with European law following a challenge brought by former France player Lassana Diarra.
It says its attempts to negotiate a settlement with Fifa have been ignored.
Fifa pressured unions because it is afraid – Justice For Players
Fifa settled with Diarra last month but said it did not pay any financial compensation nor admit liability. The following day, it announced major changes to its transfer rules designed to avoid the breach-of-contract dispute that affected the former Real Madrid and Chelsea midfielder, along with a commitment to consult Fifpro over future reform.
“That was part of our game plan from the beginning, so it worked,” said Rutten. “We are happy for Fifpro, we are happy for the football players. So, for us, it is a victory, and we will use this in court.”
Justice For Players expects to have a hearing on the admissibility of its claim in the Netherlands in early 2027 and believes Fifa’s conduct may yet count against the governing body.
“They [effectively] acknowledge that we have a viable claim. Nobody is talking about the Diarra judgment in relation to the MOU – that still stands, that is not changed, it’s not cured in any way, it’s still there,” said Rutten.
“The only thing Fifa, for now, doesn’t want to do is to compensate the players that were actually harmed, so by asking or forcing the trade unions to withdraw their support, it’s pretty clear that we are in a viable claim, because otherwise you weren’t afraid.”
Fifa was approached for comment.