BluessinceHydeRoad
Well-Known Member
- Joined
- 26 Mar 2012
- Messages
- 2,562
Re: City & FFP (continued)
Hole in one!
JGL07 said:What the Eastman case established was the right of players to leave at the end of their contract. It did not take away transfer fees for out of contract players but denied the club the right to unilaterally set a fee. Instead a tribunal was set up to assess the transfer fees payable for an out of contract player.BluessinceHydeRoad said:This is a very strange article indeed. One of the most curious statements concerns the Bosman case and declares that "the legislation that Bosman struck down was longstanding and antiquated." Dupont struck down no legislation at all. What he did strike down was the retain and transfer system. This was not legislation but a code of practice in use in football and solely in football. George Eastham had established his right to change clubs when his contract had expired in the 1960s but no-one had pushed this because it suited no-one's interests. Indeed Bosman established a principle but had his career destroyed. What Marcotti doesn't point out is that UEFA fought to the death to maintain this "system" when it was obvious they would lose in court and it actually left the courts to decide on what the rights of the various parties in the dispute were. This "system" was far less in the interests of the clubs than, for instance, the system in use by our FA - the old tribunal. Retain and transfer was against the law and Dupont had it declared so, and any future violation of the law will involve heavy damages, compensation, a fine etc etc. Furthermore the ECJ gave UEFA a sharp lecture that sporting matters must be decided on the basis of what the law is, and not what UEFA sees as its best interests.
The Bosman situation would probably never have applied in England or Scotland. When the Bosman ruling was eventually accepted for international transfer, the home associations tried to ignore it and kept to the old system. John Collins left Celtic for Monaco FC and Celtic tried to argue that the Bosman ruling did not apply as Monaco was not an EU member and tried to sue for a transfer fee. They didn't get very far with that argument. The fact that players could transfer free to clubs in other associations and then be transferred back to another club for a fee convinced the FA to back down and accept Bosman.
The FA clung on to transfer fees for young players were out of contract. In England it applied to players up to 24 years while in Scotland it was for up to 23 years olds. There was the situation where Clayton Donaldson of York City signed a pre-contract agreement with Hibs. Hibs offered around £200,000 to sign him in the Winter transfer window. This was turned down as they valued him at £500,000 and were sure they would get that from a transfer tribunal in the Summer. They found to their horror that they would get nothing as Donaldson was over the age limit for Scotland (if not in England).
Time and time again, the Football Authorities seem to think they can override established legal principles over issues such as maximum wages, retain and transfer, and now FFP. They have lost all previous issues as soon as anyone is strong enough and persistent enough to take them through the courts. They will lose this one as well.
Hole in one!