Litigator & Counselor
As follow-up to my earlier posts on the Diarra ruling and Viktor Gyokeres’ transfer saga, this edition will take a closer look at the “protected period” in a player’s contract.[1] FIFA’s Regulations on the Status and Transfer of Players define this as the contract’s initial two-to-three-year stretch, when an unjustified breach will subject the player, …
Continue reading “FIFA Regs: The Protected Period and its Effect on the Transfer Market”
Viktor Gyokeres has a problem and so far, he has not asked the landmark Diarra ruling[1] to solve it. For at least the past two transfer windows, the Swedish striker has been the market’s resident “missing piece” – the player who would complete a lucky superclub and turn their competitive dreams into reality. So to …
Continue reading “Why the Gyokeres transfer saga is not the Diarra ruling’s moment”
It has now been almost two months since the Court of Justice for the European Union (the “CJEU”) issued Diarra.[1] The decision held that portions of FIFA’s Regulations on the Status and Transfer of Players (the “RSTP”) were inconsistent with the Treaty on the Functioning of the European Union (the “EU Treaty”). In effect, the offending …
Continue reading “After Diarra: Q&A on the New Transfer Market”
There is a subset of third-party influence cases that turn on a confusing distinction between penalty and bonus clauses. Usually, the debate arises in the context of a loan agreement. Generally-speaking, one club will loan a player to another, with a provision that increases the fee based on how much the player plays. In some …
Continue reading “Notes on Third-Party Influence: Penalties vs. Bonuses”
Terry Brennan Law 