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L'instance dirigeante du football mondial, la FIFA, envisage d'indemniser les clubs de football pour l'assurance des joueurs obligés de quitter leurs clubs d'origine lors des compétitions internationales.
G-14
, the group of Europe's most powerful football clubs, is accusing the International Football Federation (FIFA) of "unlawful use of club players in national teams". The group is asking for 860 million euro in damages from FIFA for the costs incurred, over the past ten years, of putting players at FIFA's disposal to play in national teams and their subsequent unavailability if they suffer injury.
The European Court of Justice (ECJ) has recently begun examining the case between Royal Sporting Charleroi F.C. and FIFA and is set to rule on whether the FIFA Regulations for the Status and Transfer of Players complies with the Treaty of Rome, specifically article 39 (Free movement of workers) and article 49 (Free movement of services) and whether the FIFA rules governing player release and insurance are an abuse of dominant position under articles 81 and 82 (Rules on competition) of the EU Treaty.
Speaking at a sports law seminar
in London on 21 September 2006, FIFA's legal division director, Heinz Tännler, said that FIFA could reform its current rules
according which the clubs are responsible for insuring their players against illness and accident during the period the players are 'borrowed' for international tournaments. Tännler said that FIFA might consder establishing an insurance and compensation fund for international players.
Director of FIFA legal division, Heinz Tännler, said that "FIFA wants to take the clubs into consideration and will probably reform the regulation at some time in the future. We are working on the possibility of an insurance fund, and compensation fund. This will take time, as FIFA is a political organisation." (according to BBC News).
According to Borja García , researcher at Loughborough University (UK), FIFA's move on the issue is interesting, but remains a unilateral decision, the legitimacy of which could, in turn, be contested, unless FIFA is willing to conduct a wide consultation before changing the rules. "What is needed is a real dialogue, where all stakeholders (including G-14 and small football associations, such as the African ones) can negotiate and reach compromises. Otherwise the legitimacy of decisions will be very low," explained García to EurActiv.
"If these new rules go all the way to compensate clubs in terms of injuries of players, the issue of how to compensate them for not being able to use the players at league games scheduled at the same time with an international competition still remains unsolved. There is a need to improve the process by which the common world football calendar is decided. Currently, it is the duty of FIFA and continental confederations, but this process needs to become more open and inclusive," continued García, referring to the need of transparency and democracy of the decision making process and thus better sports governance.