Lawyer and sports law expert Wieschemann commented on the case of Tony Mario Sylva in the Sueddeutsche Zeitung. Thereby, RA represented the interests of Club Trabzonspor from Turkey, who had obtained a provisional provisional eligibility to play for the change of the player by LOSC Lille to Trabzonspor in the proceedings before the Commission on the status of players of the FIFA on the 26.9.2008 Wieschemann.

The article by May 17, 2010:

Precedent: Two clubs are at odds, but FIFA granted the release a professional. Luca Toni could theoretically its up 2011 unilaterally cancel dated contract at Bayern.

By Tony Mario Sylva was previously known, that he 2002 and 2005 was named to the best goalkeeper in Africa. 2000 as Monaco won the French Championship and 2002 Senegal participated at the World Cup. The 46-malige International is also a quite Trotzkopf. His former club Lille OSC found out this spring. Actually to 2009 contractually bound to the northern French, Sylva, announced 33, in May the contract on one side and signed a new contract with the Turkish first division side Trabzonspor. Now last Friday, gave the “Commission for the status of players” in the World Football Association FIFA Sylva provisional release and thus confirmed the case of the Scottish player Andrew Webster, which was negotiated in January by the International Court of arbitration for sport (CAs) in Lausanne.

More extreme than the case of Webster

Webster announced 2006 a year before the end of the contract – and without the consent of his club hearts of Midlothian – his contract and moved to Wigan Athletic. The two parties then fought over the amount of compensation demanded the hearts 5,4 Million euros, but the CAs decided finally in January 2008, that Wigan only round 200.000 Euro to which Scots had to pay. This sum corresponded to the annual salary of Webster. Was decisive for the judgment, that Webster article 17, Paragraph 1, of the FIFA regulations on the transfer of players involved.

This paragraph, 2001 pressure from the EU Commission in the rules and regulations, stating that players when changing their contract after a “protected period” of three or two years – depending on whether they signing younger or older than 28 Years are – single-sided can dissolve and only the pending salary as compensation to pay their old Club. Extends a contract between professional and Club, so is again counted, then the date of new accounts is crucial.

Now the FIFA in case of Sylva has for the first time a player, which refers to article 17 convene, the release issued, although still no agreement between the two clubs has been. “The case of Sylva goes beyond the case of Webster, because FIFA has already granted a game approval even though the clubs arguing about the compensation. Thus the path for change-willing player is final after the protection period freely”, says Christof Wieschemann. The Prosecutor in Bochum is judge at the German sports Tribunal member of ISLA (International Sports Lawyers Association) since January and represents the interests of Trabzonspor in the case of Sylva.20 Millions for Luca Toni

The clubs agreed in similar cases in the past frequently on the payment of a transfer fee. The judgments in the cases of Webster and Sylva expose now more clubs the whims of the player, as it this after the Bosman ruling from 1995 already are. Belgian Jean-Marc Bosman was fee-free switching at that time after the end of the contract. What point result in the future contracts for a period of four or five years, when the pros can unilaterally cancel it after two or three years?

So, for example, the Italian striker Luca Toni, could 31, after this season its up 2011 dated contract with FC Bayern Munich in theory unilaterally cancel and go back to his home for compensation of two annual salaries. This would be probably more than ten million euros, its market value is likely after the old transfer rules when changing before the expiry of the contract but at around 20 There are millions of euros. “If Bayern were smart, they, let as regards the amount of compensation, write appropriate clauses in the contract. That is possible,”says Wieschemann.

Such a provision could be formulated as follows in the case of Munich: Luca Toni because of 17 it should switch, a sum of X is due as compensation from the player. The practice will be but, that the Club continues to provide compensation for the player.

They are the professionals in the advantage to the normal workers. The lobe of the labour law would apply the if he would suddenly unilaterally cancel a contract within a company. Article 17 is in the judgment of many lawyers basically not a unilateral termination option, but a particularly Privilegieren tête form of breach of contract.

New pressure to act

An awareness of the new situation but still not everywhere grew in the Bundesliga. Just the other day, so Wieschemann, a CEO of a German first division club told him to demand his club have added no changes with regard to the Webster decision in the newly concluded contracts. “This is naive and narrow-minded”, Wieschemann says: “according to the judgment of Sylva there is now a new pressure to act.

So far, these principles only on international transfers are applicable. For national transfers, for example, within Germany, the German football granted League (DFL) the player eligibility. Otherwise as the FIFA, the DFL will transfers, the article 17 appointed, not approve, says Wieschemann. The DFL could it refer to a provision in the licence, to refuse the release players until final completion of a labour process is according to the. “I think the relevant provision however just as immoral as a comparable in the ice hockey Federation, the Federal Labor Court already” 1998 has collected”, says Wieschemann and adds:”It is assumed that this question will be decided soon.”

For Sylva, FIFA will decide on the due compensation is expected until mid-October. On Saturday evening, Sylva at Trabzonspors sat 3:2-success against Antalyaspor However despite sharing only on the bench.

Entire report as PDF here

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