Der Vertragsbruch des Berufsfußballspielers und die Rechtsfolgen nach Art. 17 FIFA-RSTS

Durring the Summer 2012 the Spanish international Javi Martinez terminated his employment contract without just cause and signed a new contract with FC Bayern Munich. In order to register the player, FC Bayern Munich paid a hefty compensation amounting to EUR 40.000.000. As one of the most expensive...
Ausführliche Beschreibung

Durring the Summer 2012 the Spanish international Javi Martinez terminated his employment contract without just cause and signed a new contract with FC Bayern Munich. In order to register the player, FC Bayern Munich paid a hefty compensation amounting to EUR 40.000.000. As one of the most expensive transfers in German football history, this transfer was only made possible due to Art. 17 FIFA-RSTS, a result of the Bosman ruling of the ECJ. However, Art. 17 FIFA-RSTS determines the legal consequences of a breach of contract in professional football, but it only provides a rudimentary guideline to sporting and financial sanctions.This study examines financial and sporting sanctions pursuant to Art. 17 FIFA-RSTS and whether the article complies with national and European law. It also analyses how FIFA and CAS apply or should apply the regulation and how a ruling can be appealed or enforced. Ausführliche Beschreibung