Players to challenge transfer system

The European footballers' union has already started planning a legal challenge to the new transfer system and has identified at least three players who could bring a landmark test case. This could overturn the proposals set to come into force from the start of next season.

The players, from Benelux countries, will claim in court their freedom of movement is being restricted by the new proposals agreed on Monday night by a joint FIFA/UEFA taskforce and the European Commission.

The players will initially challenge the new transfer system proposals in their national courts but the matter is likely to referred to the European Court of Justice.

Belgian lawyer Jean Louis Du Pont, who represented JeanMarc Bosman in an other crucial case that had implications for football, and Luc Mission are leading the union FIFpro's challenge and have also been involved in advising the organisation during negotiations with FIFA/UEFA and the EC. FIFpro will either launch the action immediately, or wait until the new regulations come into force in the summer.

A source said: "Plans are already being made for legal action and the players who will bring the cases have already been identified. FIFpro's lawyers are just waiting for the right time."

FIFpro feels that the new proposals are too restrictive and do not give players enough freedom to break contracts.

Mike Lee, UEFA communications director said last night: "No one will benefit from the sort of legal challenges FIFpro are talking about. It would distract football, distract money and resources."

Sports lawyers in Britain last night warned that although many grey areas existed in the new proposals and were open to legal challenge, there were also many positive areas within what was agreed by FIFA/UEFA and the EC.

John Taylor, of Townleys solicitors, one of the leading firm of sports lawyers, said the fact that football authorities and the EC had reached agreement on a new transfer system did not count for anything within British courts because national contract laws took precedence over any European ones.

For example, under the new proposals players who unilaterally break five-year contracts after a minimum of three years will not face any sanctions and be suspended from playing. However, this will not count for anything within English law and clubs could sue players for breach of contract.

Players too would have the right to sue clubs in English courts if they felt they were being treated unfairly.

Taylor, who specialises in sports competition law, said: "There are many areas within the new proposals that are vague and it is a basically a voluntary system that is not legally binding and is open to legal challenge. Each national court has the right to apply its own employment laws, regardless of what has been agreed by football and the EC."

Micky Cook, Colchester's youth director, said: "We need to know about the compensation side. It sounds as if there is a certain protection mechanism in place but how valuable will it be? "We sold Lomano Tresor Lua-Lua to Newcastle this season for £2.25 million sterling and money like that helps to keep the club going. He was with us for around two years. But would the compensation under the new system be 2.25 million?"