These are the new FIFA regulations for the winter market

Yesterday Monday we told you MD that the FIFA had an agreement with all football agents, except FIFPRO in Europein order to apply differently to this upcoming winter market a specific provision of article 17 of Regulations on the Status and Transfer of Players. An article you may remember is on hold as a result of the decision of the EU Court of Justice on October 4 which ruled on the player’s complaint. Diarrhea woman and after the French player decided to break his contract without just cause in Lokomotiv Moscow. It is a rare situation that the final draft of the article is in the summer market.

In MD we had access to temporary changes of FIFA and where several articles are affected in addition to the aforementioned 17. Starting with a new paragraph in article 14 which now literally says the following about just cause: “A contract may be terminated by either of the parties without any kind of consequence (or payment of compensation or imposition of sports sanctions) when there is just cause.

Regarding compensation and law, transitional article 17 in its first paragraph will read as follows: “In all cases, the party injured by the counterparty’s breach of contract has the right to receive compensation. Without prejudice to the provisions of Article 20 and Annex 4 relating to compensation for training, and unless the contract stipulates otherwise, compensation for non-compliance will be calculated taking into account the damage suffered, according to the principle of ‘positive interest’, taking into account the facts and circumstances of each case, and taking into account the law of the country concerned.”

And regarding the influence of a third party, the second paragraph of the same article 17 is worded as follows: “The right to compensation cannot be transferred to a third party. The new club of a player will be considered jointly responsible for the payment of compensation if, taking into account the individual facts and circumstances of each case, it can be shown that the new club induced the player to breach his contract”

The fourth point is where it refers to the fact that the destination of the club can be sanctioned if it is proven that it influenced the breach of the contract. The transitional wording reads as follows: “A sporting sanction will be imposed (on any club that has breached the contract during the protected period or on a player’s new club if, taking into account the individual facts and circumstances of each case, it can it must prove that the new club has induced the player to breach the contract during the protected period The club will be prohibited from registering new players, domestically and internationally, for two full and consecutive periods of registration The club will only be able to register new players, at national or international level, from the next registration period after complete compliance with the relevant sports sanction In particular, you cannot use the exceptions set out in article 6 , section 3, of these regulations at an earlier stage”

Furthermore, the sixth point of the same article 17 includes that the parties must always cooperate with FIFA “The parties have the duty to cooperate to clarify the facts and must respond in good faith to any request for evidence from a chamber, from the general secretary of FIFA or a party submitting a request for evidence must show that the requested evidence probably exists and is relevant “An adverse inference can be drawn from the reaction of a party to a request for evidence.

Maximum duration of 72 for the destination club to have a footballer’s licence

And finally there is article 11 of annex 3 of the aforementioned Regulation and where it temporarily establishes the following in this market: “When the new association of a player requests the delivery of a license, the old association must , within 72 hours , deliver the same to the new association with the relevant information regarding the player’s registration.”