Zbornik Radova Pravnog Fakulteta u Splitu (Dec 2015)

Obligation to pay training compensation for player

  • Nenad Đurđević

Journal volume & issue
Vol. 52, no. 4
pp. 1047 – 1067

Abstract

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One of the most significant issues in contemporary professional sport is a problem of training compensation payment to the sport clubs where a player had being trained before he moved to another club and particularly before making of his first professional contract. This is designated as compensation for training or so-called compensation for players development. Such problem is closely related to the issues of development and improvement of young players as well as keeping the stability of a concluded contract. On one hand, obligation to pay training compensation is the obstacle for freedom of contract of the player who is not bound by a contract, but on the other side it encourages sports organisations in searching for the new talents and young players who will be trained. In his paper, tha author exposes and considers solutions that have been adopted regarding this issue in legislation and sports rules of Croatia, Serbia and Germany, especially in football, as well as the attitudes of the European Court of Justice and German courts on compatibility of the obligation to pay training compensation with freedom of competition, freedom of movement and freedom of choosing the employment.

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