As of last night at 00:00 the new FIFA rule came into effect regarding the controversial 17 of the FIFA Players’ Status and Transfer Regulations. An article suspended as a result of the decision on October 4 of the Court of Justice of the EU which ruled on the complaint of the player Lass Diarra and after the French player decided to break his contract without just cause with Lokomotiv de Moscow. It is a rare situation that the final draft of the article is in the summer market.
As we explained days ago in MD; There are several articles that have been changed during this winter window in addition to the aforementioned 17. Starting with a new paragraph in article 14 that now literally says the following about just cause: “A contract may be terminated by either party without consequences of any kind (non-payment of compensation or imposition of sporting penalties) when there is just cause In general, just cause will exist in any situation where a party is no longer reasonable and has goodwill which is expected to continue in a contractual relationship.”
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 individual 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 compensation on payment. 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 is 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 be proved that the new club induces the player to breach the contract during the protected period The club will be prohibited from registering new players, domestic and international, for two full and consecutive registration periods The club can only register of new ones players. 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 forth in article 6, section 3, of this regulation 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.
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 the relevant information about the registration of the player “.
This regulation is exceptional only for these situations, in other situations, existing FIFA regulations remain in effect.
Source: La Verdad
I’m Rose Herman and I work as an author for Today Times Live. My expertise lies in writing about sports, a passion of mine that has been with me since childhood. As part of my job, I provide comprehensive coverage on everything from football to tennis to golf.
