Blog tagged as CDD

The CJEU challenges the FIFA transfer system in the Diarra case. The judgment of 4 October 2024 finds that certain rules are contrary to the free movement of workers and competition in Europe. This decision will necessarily lead to an evolution of European professional football.

For FIFA and the CAS, a national football federation cannot terminate, on the grounds of non-achievement of a sporting objective, unilaterally and in advance the employment contract of the selector or assistant coach of the national team without payment. compensation.

The decree of April 26, 2022 sets the conditions allowing the maximum duration of the first employment contract of a professional football player to be extended from 3 to 5 years.

The announcement of FC Girondins de Bordeaux of its financial difficulties following the departure from King Street, is an opportunity to recall the sporting consequences, and in particular a demotion, if a football club is the subject of a reorganization procedure or compulsory liquidation.

The Council of State, by a judgment of December 11, 2019, considered that the salary cap or capping of the payroll did not "disproportionately affect the freedom of contract or the freedom to undertake and which has no impact on freedom of association in sports matters. "

The Professional Football League (LFP) has decided to extend the prohibition of release and termination clauses in article 202 of its Administrative Regulations to "any clause whereby a party has the right to unilaterally terminate the contract".

Grand Symposium: the lawyer in sport. Cabinet BERTRAND is a partner of the 4th Assises du Droit du Sport and will lead a practical workshop on the theme The status of the sports trainer.

The Council of the International Federation of Football Association (FIFA) has approved certain amendments to the Regulations for the Status and Transfer of Players, following two sessions of 15 March 2019 and 3 June 2019.

The European Commission has published a report on the development of the economic and legal issues of transfers entitled "An update on change drivers and economic and legal implications of transfers of players" analyzing the European football market and determining eight recommendations.

E-sport was enshrined in the Law for a Digital Republic n ° 2016-1321 of October 7, 2016. The Law provides for a particular legal framework concerning the status and fixed-term employment contracts specific to professional gamblers employed in gaming. competitive video.

The Court of Cassation (by two judgments of 2017) clarified the respective definitions of the offer and the unilateral promise of a sportsman's employment contract between a sports club (rugby) and a player (recognizes the existence of a contract due to the meeting of the wishes of the parties)

The Official Journal of 10 May 2017 also allowed the publication of a second decree on the eSport. Decree No. 2017-872 from 9 May 2017 was he on the status of professional players employees competitive games.

According to the judgment of the Lyon Labor Council, a deduction from wages decided by a professional football club against one of these players is a financial penalty prohibited by the Labor Code. Cabinet Bertrand is the player's counsel in this matter.

On January 19, 2017, the Commercial Court of Hainaut, in the context of the dispute between the player Lassana Diarra and FIFA and the Belgian Football Federation, declared article 17.2 of the Regulation of Status and Transfer of Players.

Joël Matip is at the heart of a legal imbroglio. The Cameroonian player from Liverpool has in fact refused to join the Cameroon national team to compete in the African Cup of Nations. Does he have the right? Can he play for his club during CAN? Attempt to answer.

The final adoption by the Senate of the Law for a Digital Republic, on September 28, 2016, validates the status and the implementation of the Fixed-Term Contract (CDD) between the professional esports player and his team.

The Bill for a Digital Republic, adopted by the Senate on May 3, 2016, provides in particular for the definition of professional video game player (eSports) and qualifies the contract binding him to his team as an employment contract.

The Supreme Court has just recalled, in a ruling dated February 4 2015 (c Gunn / Poitiers Basket 86, 13-26.172 No), the prohibition of termination clauses in the contracts of fixed-term work of professional sportsmen.

A judgment of the Court of Arbitration for Sport of December 3, 2014 makes it possible to reconsider the notion of "just cause" allowing one of the two parties (the player or the club) to terminate the employment contract binding them in advance.

Does the Sports Code require the possession of a diploma or specific title for the teaching of a Physical or Sports Activity (APS)? No, if this education is provided on a voluntary basis. Yes, as long as there is remuneration for the teacher, regardless of the amount of the remuneration.