Uefa's financial fair play rules face test from the 'Bosman' lawyer

Wealthy clubs will watch legal challenge driven by Jean-Louis Dupont with interest

Big-spending clubs opposed to the Uefa's financial fair play regulations were dealt an unexpected boost yesterday when an official challenge to the rules was lodged at the European Commission, in a case to be pursued by the Bosman case lawyer who dealt the governing body a major blow 18 years ago.

The complaint, lodged by Belgium-registered agent Daniel Striani, will force the Commission to mount a painstaking assessment of whether the Uefa President Michel Platini's FFP regime is an illegal restriction on his potential income. The Striani case does have potential to derail a system central to Platini's vision for the game.

Striani, who has represented a number of Premier League players, is represented by the lawyer Jean Louis-Dupont – who in 1995 defeated both Uefa and the Commission to prove that football's contract system denied Belgian player Jean-Marc Bosman freedom of movement. Dupont is ready to take his case to the European Court of Justice if necessary.

Legal specialists believe it may take five years for Striani's case to be dealt with. But European clubs, including Manchester City and Chelsea, will be watching with great interest a legal case which will be based in part on the assertion that FFP is unfair because it preserves the existing dominance of clubs like Manchester United and Arsenal by preventing newcomers to run-up losses while they break in. Dupont first revealed last month that he believed FFP, which has demanded clubs entering European competitions move towards break-even since 2011, was anti-competitive and open to legal challenge.

Uefa General Secretay, Gianni Infantino, was dismissive of Dupont's claim that FFP was legally questionable, when he was asked about it at the SoccerEx convention in Manchester last month. Infantino said that he and Michel Platini had visited Jose Manuel Barroso, president of the European Commission, and received assurances about the new regime, which means clubs must operate within their means. "We are not worried about it," Infantino said of Dupont's suggestion. "First, because we have the best lawyers working for us. But also because FFP has been agreed by all of the clubs, associations and the European Commission. These haven't been imposed."

The European Club Association has, indeed, signed up to FFP – a reason why clubs are unable to mount legal challenges to the regime themselves. But that will not be enough to halt the Striani challenge. "This is significant," Daniel Geey, a competition and football law specialist at the firm Field Fisher Waterhouse, said last night. "The EC has always said in the background that it supports the objectives of FFP. Now it must undertake an objective assessment of whether, among other things, FFP is anti-competitive. The complaint will either be upheld, leading the Commission into negotiations with Uefa and possible formal proceedings, or be rejected which could lead to a further court challenge. Either way, this won't be a quick process and in the meantime Uefa will make licensing decisions based on the FFP break-even regulations."

Dupont will outline five effects of FFP which he claims are anti-competitive, claiming that the "break-even rule" will restrict investment in clubs; that it will entrench the existing status quo; reduce the number of transfers and therefore dampen salary levels of players. Ultimately he will argue that it will affect Striani's own income.

Kick-off 7.45pm

Referee P Dowd (Staffordshire)

Odds: Man City 2-5 Draw 9-2 WBA 9-1

Lukaku will be world-beater, says Kompany

The Manchester City captain, Vincent Kompany, is relishing the prospect of locking horns with his Belgian compatriot Romelu Lukaku when the Blues host West Bromwich tonight.

Lukaku, 19, has been in fine form following his season-long loan move from Chelsea to Albion, scoring 14 goals and earning a nomination for the PFA Young Player of the Year award.

Kompany said: "Romelu is probably one of the biggest talents in Europe at the moment. He will be a world-beater in England very soon. I am looking forward to playing against him."

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
Arts and Entertainment
Under the skin: Sarah Kane in May 1998
theatreThe story behind a new season of Sarah Kane plays
Arts and Entertainment
Preening: Johnny Depp in 'Mortdecai'
filmMortdecai becomes actor's fifth consecutive box office bomb
Sport
Bradford City's reward for their memorable win over Chelsea is a trip to face either Sunderland or Fulham (Getty)
football
News
Lars Andersen took up archery in his mid thirties
video
Voices
Focus E15 Mothers led a protest to highlight the lack of affordable housing in London
voicesLondon’s housing crisis amounts to an abuse of human rights, says Grace Dent
Caption competition
Caption competition
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

Bleacher Report

Daily Quiz
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

Woman who was sent to three Nazi death camps describes how she escaped the gas chamber

Auschwitz liberation 70th anniversary

Woman sent to three Nazi death camps describes surviving gas chamber
DSK, Dodo the Pimp, and the Carlton Hotel

The inside track on France's trial of the year

Dominique Strauss-Kahn, Dodo the Pimp, and the Carlton Hotel:
As provocative now as they ever were

Sarah Kane season

Why her plays are as provocative now as when they were written
Murder of Japanese hostage has grim echoes of a killing in Iraq 11 years ago

Murder of Japanese hostage has grim echoes of another killing

Japanese mood was against what was seen as irresponsible trips to a vicious war zone
Syria crisis: Celebrities call on David Cameron to take more refugees as one young mother tells of torture by Assad regime

Celebrities call on David Cameron to take more Syrian refugees

One young mother tells of torture by Assad regime
The enemy within: People who hear voices in their heads are being encouraged to talk back – with promising results

The enemy within

People who hear voices in their heads are being encouraged to talk back
'In Auschwitz you got used to anything'

'In Auschwitz you got used to anything'

Survivors of the Nazi concentration camp remember its horror, 70 years on
Autumn/winter menswear 2015: The uniforms that make up modern life come to the fore

Autumn/winter menswear 2015

The uniforms that make up modern life come to the fore
'I'm gay, and plan to fight military homophobia'

'I'm gay, and plan to fight military homophobia'

Army general planning to come out
Iraq invasion 2003: The bloody warnings six wise men gave to Tony Blair as he prepared to launch poorly planned campaign

What the six wise men told Tony Blair

Months before the invasion of Iraq in 2003, experts sought to warn the PM about his plans. Here, four of them recall that day
25 years of The Independent on Sunday: The stories, the writers and the changes over the last quarter of a century

25 years of The Independent on Sunday

The stories, the writers and the changes over the last quarter of a century
Homeless Veterans appeal: 'Really caring is a dangerous emotion in this kind of work'

Homeless Veterans appeal

As head of The Soldiers' Charity, Martin Rutledge has to temper compassion with realism. He tells Chris Green how his Army career prepared him
Wu-Tang Clan and The Sexual Objects offer fans a chance to own the only copies of their latest albums

Smash hit go under the hammer

It's nice to pick up a new record once in a while, but the purchasers of two latest releases can go a step further - by buying the only copy
Geeks who rocked the world: Documentary looks back at origins of the computer-games industry

The geeks who rocked the world

A new documentary looks back at origins of the computer-games industry
Belle & Sebastian interview: Stuart Murdoch reveals how the band is taking a new direction

Belle & Sebastian is taking a new direction

Twenty years ago, Belle & Sebastian was a fey indie band from Glasgow. It still is – except today, as prime mover Stuart Murdoch admits, it has a global cult following, from Hollywood to South Korea