European Sports Law and Policy Bulletin CONTRACTUAL STABILITY IN FOOTBALL
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1 Issue I-2011 ISSN European Sports Law and Policy Bulletin CONTRACTUAL STABILITY IN FOOTBALL SPORTS LAW AND POLICY CENTRE
2 EUROPEAN SPORTS LAW AND POLICY BULLETIN 1/2011 PRESENTATION The principle of contractual stability is of paramount importance in the world of football. It is at the basis of an efficient transfer system characterised inter alia by the redistribution of wealth from big to small clubs as well as by secured investments in youth development. Any dispute between professional players and clubs at international level is dealt with by the FIFA Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (CAS) pursuant to art. 17 of the FIFA Regulations on the Status and Transfer of Players. Such regulations were the outcome of the 2001 Gentlemen s Agreement between the European Commission on one side and FIFA and UEFA on the other. Ten years after the signature of that agreement and the entry into force of the first version of the relevant FIFA regulations, the EU institutions as well as the international sports stakeholders may consider whether to review and modify if necessary the rules on transfer of players and contractual stability. Under the current FIFA transfer rules a compensation must be paid in case of unilateral breach of an employment contract in football and such compensation is calculated by taking into due account the relevant national law and by referring to objective criteria as well as to the specificity of sport. Of course, the consequences of such a termination for the contractual parties (players and clubs) could be extremely important in both economic and sports terms. In light of the above, this issue of the European Sports Law and Policy Bulletin examines the genesis of the FIFA regulations on Status and Transfer of Players, its content, and above all its interpretation by the relevant sports arbitration bodies. In particular, the Authors critically review the relevant case law of both DRC and CAS and make a legal as well as an economic analysis of the FIFA regulations. The position of the main stakeholders like the players representatives (FIFPRO) and the clubs (European Clubs Association) is also underlined.
3 EUROPEAN SPORTS LAW AND POLICY BULLETIN 1/2011 Particular attention is given to the relevant national law and jurisprudence of both civil law and common law countries in order to determine how contractual stability is guaranteed in practice and how compensation for early termination of employment contracts in football is calculated. Finally some recommendations are offered to Clubs and Players in order to comply with the principle of contractual stability in a context of increasing international mobility. Brussels, 18 October 2011 Michele Colucci
4 CONTENTS INTRODUCTION THE 2001 INFORMAL AGREEMENT ON THE INTERNATIONAL TRANSFER SYSTEM by Borja García MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESSIONAL FOOTBALL PLAYERS AND CLUBS THE FIFA REGULATIONS ON THE STATUS AND TRANSFER OF PLAYERS AND THE RELEVANT CASE LAW OF THE DISPUTE RESOLUTION CHAMBER by Omar Ongaro CONTRACT STABILITY: THE CASE LAW OF THE COURT OF ARBITRATION OF SPORT by Richard Parrish CONTRACTUAL STABILITY FROM A CLUB S POINT OF VIEW by Wouter Lambrecht CONTRACTUAL STABILITY FROM A PLAYER S PERSPECTIVE by Wil Van Megen THE SPECIFICITY OF SPORT AS A WAY TO CALCULATE COMPENSATION IN CASE OF BREACH OF CONTRACT and Felix Majani COMPENSATION IN CASE OF BREACH OF CONTRACT ACCORDING TO SWISS LAW by Lucien W. Valloni and Beat Wicki COMPENSATION IN CASE OF BREACH OF CONTRACT IN OTHER CIVIL LAW COUNTRIES: BELGIUM by Sarah De Groof and Frank Hendrickx
5 FRANCE by Valerio Forti and Jacopo Figus Diaz GREECE by Konstantinos Dion Zemberis ITALY PORTUGAL by José Manuel Mereim ROMANIA by Geanina Tatu RUSSIA by Olga Rymkevich and Nikolai Grammatikov SPAIN by Miguel Cardenal Carro THE NETHERLANDS by Stephen F.H. Jellinghaus and Marjan Olfers COMPENSATION IN CASE OF BREACH OF CONTRACT ACCORDING TO COMMON LAW PRINCIPLES by Paolo Lombardi CONTRACTUAL STABILITY AND EU COMPETITION LAW by Gabriele Coppo CONTRACTUAL STABILITY AND TRANSFER SYSTEM FROM AN ECONOMIC POINT OF VIEW by Marc Valentin Lenz MAINTENANCE OF CONTRACTUAL STABILITY IN PROFESSIONAL FOOTBALL GENERAL CONSIDERATIONS AND RECOMMENDATIONS by Juan de Dios Crespo
6 SPORTS LAW AND POLICY CENTRE Via Cupetta del Mattatoio Bracciano RM P. IVA ORDER FORM PLEASE ORDER A COPY OF THE EUROPEAN SPORTS LAW AND POLICY BULLETIN, ISSUE , CONTRACTUAL STABILITY IN FOOTBALL, 341 pages. Price: 90 euro + shipment costs 1. send an to: info@slpc.eu 2. send a fax to: Quantity: Delivery information: Last name and First name Organization VAT Number Address Postal code City or locality State
7 CONTRACTUAL STABILITY IN FOOTBALL INTRODUCTION THE 2001 INFORMAL AGREEMENT ON THE INTERNATIONAL TRANSFER SYSTEM by Borja García THE FIFA REGULATIONS ON THE STATUS AND TRANSFER OF PLAYERS AND THE RELEVANT CASE LAW OF THE DISPUTE RESOLUTION CHAMBER by Omar Ongaro CONTRACT STABILITY: THE CASE LAW OF THE COURT OF ARBITRATION OF SPORT by Richard Parrish CONTRACTUAL STABILITY FROM A CLUB S POINT OF VIEW by Wouter Lambrecht CONTRACTUAL STABILITY FROM A PLAYER S PERSPECTIVE by Wil Van Megen THE SPECIFICITY OF SPORT AS A WAY TO CALCULATE COMPENSATION IN CASE OF BREACH OF CONTRACT and Felix Majani COMPENSATION IN CASE OF BREACH OF CONTRACT ACCORDING TO SWISS LAW by Lucien W. Valloni and Beat Wicki COMPENSATION IN CASE OF BREACH OF CONTRACT IN OTHER CIVIL LAW COUNTRIES: BELGIUM by Sarah De Groof and Frank Hendrickx FRANCE by Valerio Forti and Jacopo Figus Diaz GREECE by Konstantinos Dion Zemberis ITALY PORTUGAL by José Manuel Mereim ROMANIA by Geanina Tatu RUSSIA by Olga Rymkevich and Nikolai Grammatikov SPAIN by Miguel Cardenal Carro THE NETHERLANDS by Stephen F.H. Jellinghaus and Marjan Olfers COMPENSATION IN CASE OF BREACH OF CONTRACT ACCORDING TO COMMON LAW PRINCIPLES by Paolo Lombardi CONTRACTUAL STABILITY AND EU COMPETITION LAW by Gabriele Coppo CONTRACTUAL STABILITY AND TRANSFER SYSTEM FROM AN ECONOMIC POINT OF VIEW by Marc Valentin Lenz MAINTENANCE OF CONTRACTUAL STABILITY IN PROFESSIONAL FOOTBALL GENERAL CONSIDERATIONS AND RECOMMENDATIONS by Juan de Dios Crespo Sports Law and Policy Centre Euro 90,00 info@slpc.eu
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