johnny crossan
Well-Known Member
Re: Jérémy Hélan & City (Merged)
Yes, Helan took his case through the French Football Association tribunal system first. He failed as was expected. The Association sanctioned the use of Pre-Contracts after all, so they would hardly find them illegal. They will havehad legal advice as well as us, so be sure there is a good legal argument to be had.
Helan has now brought the case to a Labour Tribunal ( Employmnet Tribunal as we would call it). It has not been heard yet so there is no information in the public domain. The French press have been looking
Whoever loses the first hearing has the right to apply for permission to appeal to a higher court.
However, any sensible person would hope this matter is settled quickly because it is jeopardising a young player's career.
As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.
bizzbo said:FCLB your English is excellent, but either you or I am confused as to the legal status of M. Hélan's case.
My understanding is that he has pursued the case within the FFF, who have dismissed his claim. The FFF are a self-regulatory body, not part of the French legal system. His current case is being heard by the domestic civil courts. City have stated that this case is ongoing. I can find no evidence that any part of the French judiciary has delivered a verdict, but I admit searching for information is extremely difficult. Even if there had been a decision, I have to assume that it is still under appeal? If so, couldn't he take this appeal to a higher French court, before he appealed to the European Courts? Finally, as another poster has suggested, is it not correct that matters of employment law are heard by the ECJ, not the ECtHR?
as to your final point, EU law simply does not recognise the validity of any such contract. Let me quote Rosemary Bennet, Social Affairs Correspondant of The Times:
European Union law makes clear that, just like any other class of worker, footballers cannot sign legally binding employment contracts until they are 16 years old.
Then, like everyone else, they can work wherever they like under free movement of people laws, a cornerstone of the 27-member EU block.
Pre-contract agreements, such as the one signed by Gaël Kakuta at Lens when he was 14, have never been tested in the EU courts.
If they are, it is hard to imagine the EU siding with an employer seeking to circumvent longstanding legal protection of minors. And pre-contract agreements are a solely French tradition, unheard of in other leading footballing nations such as England and Italy. That will not help French clubs to convince EU judges that the contracts are fair and in the spirit of the community.
<a class="postlink" href="http://www.timesonline.co.uk/tol/sport/football/article6826910.ece" onclick="window.open(this.href);return false;">http://www.timesonline.co.uk/tol/sport/ ... 826910.ece</a>
The pre-contract system has never been challenged before. M. Platini may have some support within the EU and CE, but gaining an exception on such a sensitive issue would be an astonishing victory.
Yes, Helan took his case through the French Football Association tribunal system first. He failed as was expected. The Association sanctioned the use of Pre-Contracts after all, so they would hardly find them illegal. They will havehad legal advice as well as us, so be sure there is a good legal argument to be had.
Helan has now brought the case to a Labour Tribunal ( Employmnet Tribunal as we would call it). It has not been heard yet so there is no information in the public domain. The French press have been looking
Whoever loses the first hearing has the right to apply for permission to appeal to a higher court.
However, any sensible person would hope this matter is settled quickly because it is jeopardising a young player's career.
As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.