FIFA has introduced Circular 1917, implementing interim amendments to the Regulations on the Status and Transfer of Players (RSTP) and the Procedural Rules Governing the Football Tribunal. These updates, effective January 1, 2025, aim to maintain stability in the regulatory framework while FIFA continues broader discussions on long-term reforms following the CJEU’s Diarra ruling (Case C-650/22).
1. Definition of “Just Cause” for Contract Termination (Article 14 RSTP)
- FIFA codifies existing case law by clarifying when a contract can be terminated with just cause, improving predictability in dispute resolution.
2. Compensation for Contract Breach (Article 17 RSTP, Annexe 2, Article 6 RSTP)
- The method for calculating compensation is now more transparent, based on the “positive interest” principle, considering financial damage, individual case facts, and national laws.
3. Club Liability for Inducing Contract Breach (Article 17(2) RSTP)
- Clubs will no longer be automatically liable for a player’s breach of contract. Instead, inducement must be proven to trigger joint and several liability.
4. Burden of Proof for Inducement and Sporting Sanctions (Article 17(4) RSTP)
- Previously, clubs were presumed guilty of inducing a contract breach. Now, the claiming club must prove inducement, shifting the burden of proof.
5. Duty to Cooperate and Evidentiary Requirements (Article 13(6) Procedural Rules)
- FIFA reinforces the obligation of all parties to collaborate in establishing facts and complying with evidentiary requests.
- The Football Tribunal can draw adverse inferences if a party refuses to cooperate.
6. ITC (International Transfer Certificate) Issuance (Annexe 3, Article 11 RSTP)
- A player’s transfer cannot be blocked due to contractual disputes.
- If an association fails to issue an ITC within 72 hours, the new association may register the player.
- Exceptional cases may require FIFA intervention, but ITCs cannot be delayed due to legal conflicts.
Entry into Force & Impact on Ongoing Cases
- These amendments apply to all new cases from January 1, 2025, as well as pending cases before the Football Tribunal.
- The revised RSTP and Procedural Rules are available at legal.fifa.com.
What This Means for Clubs, Players, and Agents
- Clubs must adapt to the new burden of proof requirements in contractual disputes.
- Players gain more clarity on “just cause” terminations, ensuring stability in transfer negotiations.
- Agents and legal professionals need to adjust contract strategies, particularly regarding compensation calculations and liability clauses.
For strategic legal guidance on FIFA regulatory compliance, contract structuring, and dispute resolution, contact our team to navigate these regulatory changes effectively.
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