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Solidarity Mechanism

  • Frans de WegerEmail author
Chapter
Part of the ASSER International Sports Law Series book series (ASSER)

Abstract

The solidarity mechanism entails that each time a professional is transferred before the end of his contract, a solidarity contribution is due by the new club to all the clubs for which the player played between the age of 12 and 23. The solidarity mechanism is only due if the player moves during the course of his contract. In this chapter all relevant issues relating to the solidarity mechanism will be discussed. It is the responsibility of the new club to calculate the amount of the solidarity contribution and to distribute it in accordance with the player’s career history as provided in the Player Passport. The DRC refers to its well-established jurisprudence, in accordance with which the player’s new club is ordered to remit the relevant proportion of the 5 % solidarity contribution to the clubs involved in the player’s training. In other words, following numerous DRC decisions, it is a general rule that it is only the new club which is entitled to distribute the amount of solidarity compensation to the relevant former clubs of the player. Even if this obligation is transferred to another club, the new club will still remain liable in any event. The provisions of loan are also subject to the same rules that apply to the transfer of players, including the provisions on the solidarity mechanism. If the player is on loan, the loaning club is entitled to receive a solidarity contribution. Under certain circumstances a solidarity contribution must be paid despite the fact that a transfer compensation is not due. If parties agree upon a mutual exchange of obligations, without providing for payment of any compensation, for example to exchange 2 players, the DRC is of the opinion that the exchange of players can indirectly imply a financial agreement, in view of the fact that the sports qualities of the players have an economic value in the football employment market.

Keywords

Solidarity mechanism Solidarity contribution Domestic transfers Prescription Player Passport Loan Contingent payments Exchange of players Buy-out clause Default interest 

Reference

  1. Chemor MF (2013) Solidarity contribution in pathological contract terminations. Int Sports Law J 13(3/4):225–235CrossRefGoogle Scholar

Copyright information

© T.M.C. Asser Press and the author 2016

Authors and Affiliations

  1. 1.Legal CounselDutch Federation of Professional Football Clubs (FBO)ZeistThe Netherlands

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