15 responses

  1. Nelson Wong
    10/01/2014

    I am a not familiar with the juristictions of courts in Europe. If the German FA lost, would that mean they would bring it to EU?

    Or if German court lost and FIFA punish them,can they bring it to the EU? That might actually trigger a case where EU ruling out FIFA rules.

    I just run to check with wiki and find that the FIFA is registered in Switzerland. (I have to admit my lack of knowledge.) While the Swiss aren’t in EU, they signed a lot agreement and to bring some of their practise in line with EU. We might need an expert in this but that might mean FA of certain country or several country, bringing a case against FIFA in the court of Switzerland under laws/ rules of EU.

    Tony, please follow this closely.

    It is extremely interesting.

    Thank you very much for drawing our attention to the case!!!

  2. Mike Collins
    10/01/2014

    Tony

    It is reporting like this that raises Untold Arsenal way above the standard of other blogs.
    Great stuff

  3. Gf60
    10/01/2014

    Interesting. Thanks Tony. Can’t help feeling that Alice in Wonderland and the Queen of Hearts may finish up appearing in this. 🙂

  4. menace
    10/01/2014

    Interesting….If a player gets kicked in a football match, a watching policeman cannot arrest the assailant. So the law of the land does not supersede the Laws of the Game. The sports field is not above or beyond the law. It is sporting etiquette that dictates the behaviour of policemen and of the officials. FIFA, EUFA, FA are all dictatorial and corrupt when it comes to justice. These organisations must be brought to earth by nations that have ‘power’ in the game. I hope there is a stand off and the football associations are chastised with legal penalties against their officers.

  5. Gord
    10/01/2014

    Tony (for Making the Arsenal) makes best of the blogs again.

    http://www.arsenal.com/news/news-archive/royal-arsenal-comes-to-an-end

  6. blacksheep63
    10/01/2014

    @menace

    is that the case? When John Terry was accused of racist abuse (and found NG by a magistrates’ court) the offence was committed on the pitch but was not reported by the match officials but by fans watching the game. If we witnessed an assault or attempted (such as that by the sp*rs player on Monreal last weekend) could we report it and have it investigated by the police and CPS?
    Interesting stuff

  7. nicky
    10/01/2014

    If only the German FA would accept a World Cup ban by FIFA, it would spark off a wholesale secession from this corrupt body by a host of nations, including, I hope, the UK Associations.

  8. Mike T
    10/01/2014

    FIFAs rules are written in such a way as to both acknowledge and account for transfer of players within the EU. Players came move freely but when players move training compensation becomes a consideration and quite rightly so. I don’t think its correct to say that CAS ignored German & EU law on restraint of trade.This case is different because it involves the transfer of a player from outside the EU to a club inside the EU hence the reason that FIFA are involved as opposed to UEFA
    Football administration and in particular the signing of player can be complex. Transfers from within the same FA is reasonably straight forward process, it gets more complex within the same confederation but from another consideration is an absolute nightmare.
    Wilhelmshaven, it seems, failed in the very first instance to carry out basic checks in terms of the players past clubs at one point they claimed that the player was not a professional at River Plate.
    The ruling took into account FIFA precedents and also Swiss Law.

  9. Brickfields Gunners
    11/01/2014

    @ blacksheep 63 – Along with your suggestion of assault,
    Can we take up a case against those Spuds fans that they :-

    a) Knowing committed bodily harm on Theo by throwing metal objects with the intent of injuring, maiming or murdering
    him ? Could there have been another ulterior motive in preventing him from going to the WC ; so that Lennon and/or Townsend would go in his stead ? One wonders !

    b)Intentionally doing the same at said place and time to those medical staff and attendants ,with the full knowledge of the consequences of their heinous actions .It follows the old adage a friend of an enemy , becomes my enemy .

    c)Prevented the administering of proper medical attention due to Theo by the medical staff ,by inducing a dangerous and hostile environment by their moronic actions of those cretinous fans . Not at all conducive to render fit, favourable ,due and diligent care ( As per the Geneva convention ).

    d) Further escalated and aggravated the situation when the injured Theo smilingly and sportingly showed the ‘peace’ sign with one hand .( With the other hand he did make a ‘zero’ sign ; which most Arsenal fans acknowledge [ with mucho gusto!] and approve as representing the Spuds fans
    IQ !)The key point here is ‘smiling ‘- implying that there was no ill intent nor malice !

  10. Florian
    11/01/2014

    Congratulations Tony!

  11. OlegYch
    11/01/2014

    it’s great that clubs that raised a young player get their share of transfer fee, but if there was no transfer fee this just doesn’t make any sense

  12. OMGArsenal
    11/01/2014

    If I understand the principles of common Law,European jurisdictional law and the separate but equal principles of Sports laws, basically the following has to occur:

    1)A sports organization must first try to apply its laws and regulations fairly and adequately,

    2)Failing that the injured parties may appeal to the court of arbitration for sport,

    3)If they are dissatisfied with the CAS ruling, they do have the right to appeal to a higher court, usually the European court of Appeals or something similar,such as the British court system,

    4)Failing that they can appeal to the World Court in the Hague but that, to my knowledge, has never happened before.

    Normally the local courts cannot deal with sports issues unless a criminal act was committed or a specific law or regulation was infringed by the fans or management, regardless of whether it occurred at an event or in the daily operations of the Club. This is what happened at Ranger’s FC, they broke civil laws and were pursued by HM revenue and excise apparently.

  13. Ray from Norfolk, Virginia
    12/01/2014

    Tony,
    I hope these modest Germans win their case.
    It is time that football (and other sports) get some decisions that have a sense of justice; law is variable and unfair, and it is time that local jurisdiction is legitimized ahead of global forces. I am surprised that the German federation has not tackled FIFA. Incidentally, if we believe FIFA, shouldn’t the German club be also owed money as the player moved on promptly before age 23, and the acquiring party or Club in Argentina should pay.

  14. Mike T
    12/01/2014

    Ray

    In terms of compensation I thought the same however to be paid compensation, if its not paid without demand,you have in to invoice for it.

    If Wilhelmshaven were to try and claim compensation they will in effect acknowledge that such compensation is appropriate and their argument is blown out of the water.

    On the other hand it may be the club that signed the player from Wilhelmshaven may have covered this aspect before they signed the player so the issue was already dealt with.

    I am surprised that some want to see FIFAs authority usurped as you really need to think through the consequences of that. For instance how about say Argentina passing a law that could be used to enable their football clubs to sign players without a transfer fee or without compensation when signing a player .
    Argentinian law would prevail so FIFA wouldn’t be able to do anything when say River Plate said to Hazard, to Ozil or whoever sign for us and we would then transfer you to whoever you want and for so arranging such a situation we will take a mere 20% from your £20 million signing on fee.

    As they say be careful what you wish for!

  15. Nelson Wong
    12/01/2014

    Thanks guys

    Your explanations have cleared a lot of issues.

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