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Charleroi vs FIFA case goes to European Court of Justice
FIFA & UEFA - 17 May, 2006
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The European Court of Justice will decide if clubs can claim compensation for a player injured on international duty. The court will handle the case on request from a tribunal.
Belgian club Charleroi brought the case against FIFA after Abdelmajid Oulmers was injured with Morocco in 2004. Charleroi, who are backed by some of Europe’s richest clubs, say the loss of Oulmers hurt their chances of success.
Oulmers was out for eight months after Morocco’s November 2004 match against Burkina Faso. FIFA insisted there is no correlation between the injury of Oulmers and the club’s fifth-placed finish.
“The European Court of Justice is the only court that can sufficiently decide this case,” said Jean-Phillipe Lebeau, president of the commercial tribunal in Charleroi.
A spokesman for the G14, which represents 18 of Europe's richest clubs, said they were “very happy” with the decision.
“FIFA’s argument was that its rules were not in any way subject to EU law,” said G14 lawyer Jean-Louis Dupont. “But we asked for a ruling at the European Court of Justice on these rules, which we've always said are unfair to every club, not just G14 members. This ruling is good for the game, we may at last get some legal clarity.”
The G14 has joined French Olympique Lyon in a similar case over defender Eric Abidal, who broke his foot during a France friendly.
Clubs argue that, because they pay players’ wages, which can exceed GBP 100,000 a week for the top performers, the clubs should be entitled to compensation when they are injured playing for their country.
The last major case in football to be referred to the European Court of Justice (ECJ) in Luxembourg also began in Belgium. The “Bosman ruling” was named after the landmark case brought by Jean-Marc Bosman, which ended with players being given the choice to move freely between clubs when out of contract.
All sides must now deliver their arguments to the ECJ, most likely before a hearing in a few months.
“A final decision will probably take about a year” Dupont said.
Belgian club Charleroi brought the case against FIFA after Abdelmajid Oulmers was injured with Morocco in 2004. Charleroi, who are backed by some of Europe’s richest clubs, say the loss of Oulmers hurt their chances of success.
Oulmers was out for eight months after Morocco’s November 2004 match against Burkina Faso. FIFA insisted there is no correlation between the injury of Oulmers and the club’s fifth-placed finish.
“The European Court of Justice is the only court that can sufficiently decide this case,” said Jean-Phillipe Lebeau, president of the commercial tribunal in Charleroi.
A spokesman for the G14, which represents 18 of Europe's richest clubs, said they were “very happy” with the decision.
“FIFA’s argument was that its rules were not in any way subject to EU law,” said G14 lawyer Jean-Louis Dupont. “But we asked for a ruling at the European Court of Justice on these rules, which we've always said are unfair to every club, not just G14 members. This ruling is good for the game, we may at last get some legal clarity.”
The G14 has joined French Olympique Lyon in a similar case over defender Eric Abidal, who broke his foot during a France friendly.
Clubs argue that, because they pay players’ wages, which can exceed GBP 100,000 a week for the top performers, the clubs should be entitled to compensation when they are injured playing for their country.
The last major case in football to be referred to the European Court of Justice (ECJ) in Luxembourg also began in Belgium. The “Bosman ruling” was named after the landmark case brought by Jean-Marc Bosman, which ended with players being given the choice to move freely between clubs when out of contract.
All sides must now deliver their arguments to the ECJ, most likely before a hearing in a few months.
“A final decision will probably take about a year” Dupont said.
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