the international journal dedicated to football law ... · the international journal dedicated to...

The international journal dedicated to football law

Extensive summary

# 3 - June 2015

Football Legal Founders: Ronan DAVID - Alexandre DURAND Publishing director: Alexandre DURAND

Editions droitdusport.com Editor-in-chief: Ronan DAVID

21 bis, rue du Professeur Calmette Photo credits: AFP

33150 CENON - FRANCE Printed by: COPYMÉDIA

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Football Legal website: www.football-legal.com

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ISSN: en cours

EDITORIAL

Until now, 2015 has been a year of remarkable events for

Football stakeholders.

FIFA’s ban on TPO, the full implementation of the UEFA

Financial Fair Play rules and of course FIFA’s new

Regulations on Working with Intermediaries are certainly

the most significant issues of the year.

Now the time has come to implement these new

regulations, even if currently, they are all being legally

challenged by unsatisfied stakeholders.

The rules of the game are changing... Welcome to a new

era!

Ronan DAVID Alexandre DURAND

Y. Cortez/AFP

Contents Perspectives 13 Special report: The new Regulations on Working with Intermediaries 27 World in review 105 Community 171


EDITORIAL BOARD

José Luis ANDRADE Attorney-at-Law Lausanne - SWITZERLAND

Nasr El Din AZZAM Lawyer, SPORT MAKERS Cairo - EGYPT

Efraim BARAK Lawyer, D.MIRKIN & Co. Tel-Aviv - ISRAEL

Michele BERNASCONI Lawyer, BÄR & KARRER AG Zurich - SWITZERLAND

David CASSERLY Barrister Dublin - REPUBLIC OF IRELAND

Jaime CASTILLO Lawyer, LANGLET, CARPIO y Asociados Mexico City - MEXICO

Daniel CRAVO Lawyer, CRAVO PASTL e BALBUENA Porto Alegre - BRAZIL

Juan de Dios CRESPO PÉREZ Lawyer, RUIZ-HUERTA & CRESPO Valencia - SPAIN

Mario GALLAVOTTI Lawyer, GALLAVOTTI BERNARDINI & Partners Roma - ITALY

Horacio GONZÁLEZ MULLIN Lawyer, GONZÁLEZ MULLIN, SCHICKENDANTZ & Asociados

Montevideo - URUGUAY

Georgi GRADEV Sport Counsel, GRADEV SPORTS EOOD

Sofia - BULGARIA

Mark HOVELL Lawyer, MILLS & REEVE LLP Manchester - ENGLAND

Andrey KHARITONCHUK Head of FC Shakhtar Legal Department Kiev - UKRAINE

Eugene KRECHETOV Legal Director of FC Lokomotiv Moscow - RUSSIA

Luc MISSON Lawyer, MISSON Bureau d'avocats Liège - BELGIUM

Patricia MOYERSOEN Lawyer, Cabinet MOYERSOEN Paris - FRANCE

Emin OZKURT Lawyer, OZKURT Law Office Istanbul - TURKEY

Peter PALEOLOGOS Player Agent & Lawyer, LIBERO Consulting Melbourne - AUSTRALIA

Joachim RAIN Lawyer, GRUB FRANK BAHMANN SCHICKHARDT ENGLERT Ludwigsburg - GERMANY

Ariel RECK Lawyer, RECK SPORTS LAW Buenos Aires - ARGENTINA

Lina SOULOUKOU Lawyer, SOULOUKOU & Partners Athens - GREECE

Josep F. VANDELLOS ALAMILLA Lawyer, SPORTS LAW PARTNERS Bucharest - ROMANIA

Takuya YAMAZAKI Lawyer, FIELD-R Law Office Tokyo - JAPAN


CONTRIBUTORS Football Legal # 3

Bichara ABIDÃO NETO (Brazil)

Saleh ALOBEIDLI (United Arab Emirates)

Agustín AMORÓS MARTINEZ (Spain)

Francisco BALBUENA DAL FORNO (Brazil)

Nasr El Din AZZAM (Egypt)

Efraim BARAK (Israel)

Javier BERASATEGI (Spain)

Nicolas BÔNE (France)

Roberto BRANCO MARTINS (Netherlands)

Jaime CASTILLO (Mexico)

Paula de CASTRO MOREIRA SORDI (Brazil)

Matthew CHANTLER (England)

João Lima CLUNY (Portugal)

Carol COUSE (England)

Daniel CRAVO (Brazil)

Juan de Dios CRESPO PÉREZ (Spain)

Ronan DAVID (France)

Sven DEMEULEMEESTER (Belgium)

Alexandre DURAND (France)

Stefan Lucian ENACHE (Romania)

Grégory ERNES (Belgium)

Mario GALLAVOTTI (Italy)

Horacio GONZÁLEZ MULLIN (Uruguay)

Georgi GRADEV (Bulgaria)

Tiran GUNAWARDENA (England)

Andrey KHARITONCHUK (Ukraine)

Jan KLEINER (Switzerland)

Marília KRAEMER GRILLO (Brazil)

Eugene KRECHETOV (Russia)

Dev KUMAR PARMAR (England)

Jean LAPEYRE (France)

Stefano LA PORTA (Italy)

Yuki MABUCHI (Japan)

Daniel MAGDI LOUIS (Egypt)

Stefano MALVESTIO (Brazil)

Luc MISSON (Belgium)

Patricia MOYERSOEN (France)

Dzhamil ODA (Portugal)

Emin OZKURT (Turkey)

Peter PALEOLOGOS (Australia)

Horacio PINTOS (Uruguay)

Ophélie POILLION

Robert PONGRACZ (Romania)

Joachim RAIN (Germany)

Ariel RECK (Argentina)

Luiz RIBEIRO (Brazil)

Enric RIPOLL (Spain)

Lina SOULOUKOU (Greece)

Adrian STANGACIU (Romania)

Lukas STOCKER (Switzerland)

Shoichi SUGIYAMA (Japan)

Roxana TARMUREAN (Romania)

Paolo TORCHETTI (Spain)

Josep VANDELLOS ALAMILLA (Romania)

Takuya YAMAZAKI (Japan)

Alison WALKER (Ireland)

PERSPECTIVES


Football Legal # 3 - Extensive summary

NILMAR’s affair : issues on the provisional measures and the validation exception within TMS rules

By Daniel CRAVO

"The evidences examined by the Player’s Satus Committee regarding NILMAR’s case were so

particularly consistent that it led the Committee to adopt the provisionnal measure even

before the player had obtained a formal decision stating the lack of just cause for the

unilateral termination of the contract by the Qatari club.” D. CRAVO

Employment contracts in German Football, with a specific focus on tools regulating their terms By Joachim RAIN

"This shows that the decision of the MUELLER case, even if it was correct from a legal point of

view – which in my opinion is not – must be set apart in order to keep more and serious

damages away from football (…).” J. RAIN

SPECIAL REPORT


FIFA's new Regulations on Working with Intermediaries

CONTENTS

• INTRODUCING FIFA'S RWI • HISTORICAL OVERVIEW • EUROPEAN OVERVIEW • A NEW APPROACH • COMPREHENSIVE ANALYSIS • AGENTS' PERSPECTIVE • NATIONAL IMPLEMENTATIONS • FINAL REMARKS

AUTHORS

Bichara ABIDÃO NETO; Saleh ALOBEIDLI; Efraim BARAK; Nicolas BÔNE; Roberto BRANCO MARTINS; João Lima CLUNY; Carol COUSE; Juan de Dios CRESPO PÉREZ; Sven DEMEULEMEESTER; Grégory ERNES; Mario GALLAVOTTI; Georgi GRADEV; Tiran GUNAWARDENA; Andrey KHARITONCHUCK; Eugene KRECHETOV; Dev KUMAR PARMAR; Jean LAPEYRE; Yuki MABUCHI; Stefano MALVESTIO; Patricia MOYERSOEN; Dzhamil ODA; Peter PALEOLOGOS; Joachim RAIN; Ariel RECK; Luiz RIBEIRO; Enric RIPOLL RODRÍGUEZ; Adrian STANGACIU; Lukas STOCKER; Roxana TARMUREAN; Paolo TORCHETTI; Alison WALKER

The new Regulations on Working with Intermediaries

Madrid (Spain), 2 September 2013 - Gareth BALE shows his new Real Madrid shirt with president Florentino PEREZ. Real Madrid has acquired Gareth BALE for a record EUR 100 million transfer fee, making him the most expensive footballer ever on a single transfer.

WORLD IN REVIEW



International

- FIFA’s bon on TPO : a very hotly debated issue, By Ronan DAVID - Interview with Javier BERASATEGI - FIFA’s new RSTP Article 12bis/Circular no. 1468, By Shoichi SUGIYAMA - FIFA and ECA extend their agreement, By Ronan DAVID - UEFA and ECA renew memorandum of understanding, By Ronan DAVID - FIFA imposes a transfer ban on PFC CSKA Sofia, By Georgi GRADEV - Corruption in Russian football: the Sergey Pryadkin case before the Court of Arbitration for

Sport (CAS), By Georgi GRADEV - PFC CSKA Sofia causes FIFA to ban the player Said HUSEJINOVIC, By Georgi GRADEV - Solidarity mechanism – 18-months long sporting season, By Ariel RECK - Training compensation system and bridge transfers, By Dr. Horacio GONZÁLEZ MULLIN - The CAS grants FC Nika a sell-on fee from the transfer of Denis GLUSHAKOV from FC Lokomotiv

Moscow to FC Spartak Moscow, By Georgi GRADEV - The PULIDO’s case : to be continued!, By Jaime CASTILLO - A player who negotiates in parallel with another club does not commit any breach,

By Ariel RECK - UEFA Financial Fair Play : CFCB Adjudicatory Chamber sanctions 4 clubs, By Ronan DAVID - CAS upheld Morocco’s appeal against CAF decisions regarding the refusal to organize CAN

2015, By Nasr El Din AZZAM

Argentina (directed by Ariel RECK)

- Tax man passes TPO ban rule - Provisional measures ordering Procter & Gamble to cease airing a commercial

Australia (directed by Peter PALEOLOGOS)

- Player contract termination of a group of senior players by A-League club - Football Federation Australia issues salary cap breach notice to Perth Glory

Belgium (directed by Luc MISSON)

- When a supporter’s banner causes outrage …

Brazil (directed by Daniel CRAVO) - Brazilian Football Confederation publishes national regulations on registration and transfer of

football athletes - The solution that became a problem to the clubs : the Program on Management

Modernization and Tax Responsibility for Brazilian Football (PROFUT), instituted by the Brazilian Federal Government

- CAS holds doping hearings in Brazil - Flamengo and Fluminese in conflict with the Rio de Janeiro Football Federation

WORLD IN REVIEW



Bulgaria (directed by Georgi GRADEV) - The Bulgarian Football Union rules in favor of an agent against PFC CSKA Sofia

Egypt (directed by Nasr El Din AZZAM)

- EFA suspended 3 players for signing to 2 clubs for the same period

England (directed by Mark HOVELL) - Record breaking new TV rights deal for the English Premier League & greater investment in

grassroots football

- Image rights companies in English football – is HMRC planning a new attack

France (directed by Patricia MOYERSOEN) - Racing Club de Lens promotion to Ligue 1 overturned by a national court! - The French Professional Football League sanctions a club and its executives in a case of

match-fixing - The French Supreme Court requalifies a coach’s employment contract as an open-ended

contract

Germany (directed by Joachim RAIN)

- The Wilhelmshaven’s case - The PECHSTEIN’s case - What are the sanctions in case of “emergency brakes”? The Jerome BOATENG’s case - Arbitration clause upheld in a dispute between a club and a licensed agent

Greece (directed by Lina SOULOUKOU)

- George DONIS wins his case against PAOK FC - Niki Volou relegated from top Greek League - PAOK FC brings a dispute before the ordinary civil courts

Italy (directed by Mario GALLAVOTTI)

- New rules for the national licensing system and the management of Serie A clubs - Parma FC bankruptcy - Limitations to the lining-up of players (older than 21) during Serie A matches

Japan (directed by Takuya YAMAZAKI)

- The firing of the Japan national team manager Javier AGUIRRE - The discovery of “creative” accounting at the J2 Club Ehime FC - Under FIFA’s orders, the JFA is implementing wholesale reforms to its decision-making system

Mexico (directed by Jaime CASTILLO)

- The Mexican FA imposes sanctions upon a club refusing to comply with a CAS award

Romania (directed by Josep VANDELLOS)

- Insolvency proceedings in Romanian Football and the abusive exercise of rights by some clubs - Sporting reforms to enhance cost control - Polemic implementation of the new Article 12bis of the FIFA RTSP in Romania

WORLD IN REVIEW



Russia (directed by Eugene KRECHETOV)

- Russian players’ labour unions expressed their concern about the absence of Social Dialogue - Football Union of Russia adopted a new system of penalties for the failure of execution of

decisions of its disputes resolution bodies - New limit on legionary players - Decisions by the DRC and PSC of the FUR that were not challenged before CAS may still be

reconsidered - Acedemies that contributed to players’ training and education during the years of their 10th

and 11th birthdays became eligible to receive a part of training compensation and solidarity contribution

- Head of the UEFA Club Licensing and Financial Fair Play visited Russia

Spain (directed by Juan de Dios CRESPO PÉREZ) - Spanish Supreme Court finally unifies the case law regarding the subject obliged to pay 15%

of the transfer fee to the player under Spanish Law when the new club is a foreigner - War in Spanish Football? - The Prosecutor asks for BARTOMEU and ROSELL’s imprisonment regarding the NEYMAR’s case - RFEF deducts 3 points from Almería while LFP maintains them in the Spanish League

Switzerland (directed by Michele BERNASCONI) - Dismissal of a football player due to HIV-infection

Turkey (directed by Emin OZKURT) - Turkish League suspended for one week following attack on Fenerbahçe team bus - The limit on foreign footballer removed in Turkey as the Turkish Football Federation has

changed its foreign player rule - Turkish football clubs are set to found a corporation to organize top-flight football, embracing

the English Premier League model

Uruguay (directed by Horacio GONZÁLEZ MULLIN) - The New FIFA regulations in connection with the ban of TPO and its consequences un

Uruguayan football - Disciplinary sanctions for Club Athlético Cerro

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