Legal advice to Acme Bikes
The situation at hand is related to the rights of a player as well as the contractual agreement between a player and his club. Acme Bikes (AB) is a new team in the UCI World Tour competition. We are presented with a situation where a rider by the name Frits Boy, who is the oldest in the team,has a number of complaints against his team. Firstly, the team decided not to field him due to the fact that Fritz has been the slowest rider in the two competitions that the team participated in. The team also left him out of the team selected for the Tour de France that is forthcoming. Fritz feels unwanted by the team for his name has been removed from the team’s website and efforts to have his bike repaired by the team’s technicians have proved to be futile. Additionally, a rival team by the name Team Sky has approached Fritz and is trying to woo him on its side. The European Court of Justice is very clear on contractual terms and conditions. Fritz is on the verge of breaching his contractual terms with the Acme Bikes team by involving himself in negotiations with the Team Sky while is still bound to Acme Bikes. Fritz has the right to ask for a transfer in case he feels that he is not wanted in the team. However, he must adhere to the rules relating to transfer deadlines. It is clear that a late transfer can tremendously alter the strength of a team in the course of the championship. The European Court of justice has recognized that certain limitations on the freedom of movement may be justified when needed to secure valid sporting objectives. In a ruling made by the European Court of justice, it was agreed upon that: It must be acknowledged that the setting of deadlines for transfers of players may meet the objective of ensuring the regularity of sporting competitions. Way back in 2001, FIFA, UEFA, and the European Commission came to an agreement concerning the breach of a contract in the middle of the season. It was agreed that a breach of contract during the course of the sports season could upset the balance of competition and should therefore be penalized by a deterrent sporting sanction. In other words, the agreement was trying to say that for the purpose of protecting the regularity of the sporting season, it was considered acceptable and necessary to implement a special sports rule that should preserve sporting regularity, even though it might restrict the freedom of movement. Correspondingly, the agreement protects a team as well as the professionalism of competitions. Teams are restricted to buy or sell a player during the course of the season. They must wait until the transfer window in order to release or buy a player. Both the European Court and the European Commission are in agreement that certain restrictions on labor are justified in order to protect certain important features of sporting competition. In view of the rules and regulations by both the European Court and the European Commission it is evident that Acme Bikes should not be worried about losing Fritz their player. He must follow due process in order to change teams. The European Commission also has rules and regulations that govern the relationship between an individual player and the team for which he plays. Fritz had complaints about the way the team was treating him. In order to understand the legal ramifications of his complaint, let us look into the case that involved KEVIN KEEGAN Claimant and NEWCASTLE UNITED FOOTBALL CLUB LTD: Mr. Keegan's primary case was that under the terms of the contract, he was to have the final say and that he would never have agreed to accept the appointment as Manager on any other basis. Keegan had complaints about how the club was making decisions behind his back and his ultimate dismissal from the club. Although it is clear that Mr. Keegan also had concerns about the nature of this deal, his primary objection to it was that it breached what he described as "the golden rule", i.e. the...
Please join StudyMode to read the full document