strandty
Full Member
- Joined
- Apr 13, 2007
- Messages
- 1,782
I had thought this was the court before the ECJ, my bad.What "top court"? There is no court above the European Court of Justice in the EU. Their verdict is binding for any European court, in this case the Belgian court that the case is going back to after they asked the ECJ for their input on the interpretation and impact of the EU laws in this instance.
And nothing in their ruling would result in anything like what you are talking about in any conceivable scenario. I honestly do not understand how you could read their verdict, specifically which two articles they criticize, and arrive at the conclusion that players now could freely walk out of their contracts - much less for non-EU countries.
You’d kill small clubs who might survive on developing a young player to sell on to a bigger club.Football would be so much more interesting if they did away with football transfer fees all together and it was just purely down to salaries and agent fees (maybe). All teams operating within a salary cap of course.
Players should be able to move freely between clubs each year if they choose too, would be an interesting proposition. Obviously it would never happen.
I suspect that they did everything they could to force him out because he refused a pay cut. That would be his right and if that was the case but I would imagine the club did want most clubs , and yes I include Chelsea in that, they try to create an environment where a dissenting player is almost bullied into submission either they leave or accept new terms. However once a player fails to fulfil their side of the contract then they can and often are “ sacked” for gross misconduct.Was he ostracised at all for not agreeing to the cut? Unfair amounts of pressure put on him to take it etc. do you know? That would play a big part in how I felt aboit it. Would assume that's potentially part of his case or his argument.
From his point of view, it sounds like he could be claiming something similar to constrctive dismissal. That the club made his workplace a hostile environment so he was in the right to not train. The club say no, you not training is a big breach of your responsibility to us, and therefore we're sacking you. We can't let you just join another team for nothing as we paid money for your registration and we're suing.
My mind has now wandered to another wacky potential siituation if players could just walk at any time without a club having some measure to prevent it and holding their registration or potentially being able to sue them. A player could 'retire' the day after signing for a team, after they'd paid a transfer fee then sign for someone else immediately after 'changing their mind' about qutting the game. There's no transfer system at all if you can do that sort of thing.
I think we absolutely could have done that - surely his actions constituted a breach under his contract. But it would have been a massive headache, so both parties did the reasonable thing and terminated the contract by mutual agreement.Could we have done this with Ronaldo then? Sack him for bringing the club into disrepute and then he wouldn't have been able to sign for other clubs?
Yeah I think that would make sense and would be a real incentive for clubs to develop young players.i’d be interested to see a model that said you could only sell academy graduates.
i’m sure it would have some knock on effects somewhere, like big clubs hoarding all the talent and paying for parent’s feck pads to get their kids close enough for academy rules. but i’m just the ideas guy, i don’t care about consequences.Yeah I think that would make sense and would be a real incentive for clubs to develop young players.
Think they can appeal yeah? But given the complete deliberation and detailed/clear judgement, it’s hard to see how someone else could say “nah, they got this completely wrong”….. the ECJ isn’t stupid like PGMOL or VAR.What "top court"? There is no court above the European Court of Justice in the EU. Their verdict is binding for any European court, in this case the Belgian court that the case is going back to after they asked the ECJ for their input on the interpretation and impact of the EU laws in this instance.
And nothing in their ruling would result in anything like what you are talking about in any conceivable scenario. I honestly do not understand how you could read their verdict, specifically which two articles they criticize, and arrive at the conclusion that players now could freely walk out of their contracts - much less for non-EU countries.
There is no court to appeal to when you're already at the highest court in the food chain. The ECJ's rulings are final.Think they can appeal yeah? But given the complete deliberation and detailed/clear judgement, it’s hard to see how someone else could say “nah, they got this completely wrong”….. the ECJ isn’t stupid like PGMOL or VAR.
Sounds like you’re a legal expert so won’t doubt it.There is no court to appeal to when you're already at the highest court in the food chain. The ECJ's rulings are final.
It is possible is to appeal how the individual member states translate European law into local law, as the individual member states have some freedom in how they implement the common framework into their own laws, as long as they stay with in the confines of that framework. But the framework itself, as laid out and interpreted by the ECJ like in this case, that cannot be appealed. So if they say that FIFA's rules infringe on the rights of their citizens, that's that.
And personally, I don't see where the ECJ is wrong in their ruling here.
Hope this would work both ways and we can get rid of players just as easily.