Will Scottish defender Andy Webster become the next Jean-Marc Bosman? (Gary Prior/Getty Images)
Soccer: John F. Molinaro
Webster decision could be the second coming of the Bosman ruling
Last Updated Friday, February 1, 2008
by John F. Molinaro, CBC Sports
Jean-Marc Bosman was a journeyman soccer player from Belgium who ended up changing the face of the game forever.
Like Bosman, Scottish defender Andy Webster is a player of modest skill, but he could succeed the Belgian as soccer's most influential figure.
The Swiss-based Court of Arbitration for Sport (CAS), the highest sports court in the world, issued what many believe to be a landmark decision Wednesday when it significantly reduced the financial penalty Webster and his current team (English side Wigan) must pay his old club (Scottish outfit Heart of Midlothian) after he terminated his contract a year early.
Webster, currently on loan with Rangers, left Hearts in May 2006 to join Wigan, becoming the first player to invoke Article 17 of FIFA's transfer regulations, which allows any player from the age of 23 to 28 to buy out their four- or five-year contract after three years - or after two years of a three-year contract in the case of players 28 or over - provided they notify their team within 15 days following the last match of the season.
Teams can recuperate damages when this happens, so Hearts appealed to FIFA, soccer's world governing body, and cited Webster for breach of contract, asking the defender to pay them the equivalent of $8.9 million (what they perceived was Webster's value in the transfer market) in compensation. Instead, FIFA ruled Webster, who was 24 when he invoked Article 17, should pay $1.23 million.
Webster claimed that amount was too high and was in breach of Article 17, and he appealed FIFA's decision to the CAS, which ruled he should only pay the residual value of his contract ($295,301) when he decided to leave Hearts.
In determining compensation for Hearts, the CAS said it could not apply the concepts of lost profit or replacement value of the player.
"The panel therefore concluded that under Article 17 ... the most appropriate criterion to apply in determining the level of compensation owed to Hearts ... was the remaining remuneration due to the player under the employment contract upon its date of termination," CAS said.
By reducing the fine to equal the amount of Webster's salary still owing under his contract with Hearts, the CAS ruling could "subvert" contractual stability in the sport, FIFA said.
"The decision which CAS took ... is very damaging for [soccer] and a Pyrrhic victory for those players and their agents who toy with the idea of rescinding contracts before they have been fulfilled," FIFA president Joseph Blatter said in a statement Thursday.
"Because of this unfortunate decision, the principle of contractual stability ... has been deemed less important than the short-term interests of the player involved."
Needless to say, the Webster decision has set a precedent and could have a major impact on the freedom of players to move from one club to the other, much like the Bosman ruling did more than a decade ago.
Bosman's contract with Belgian club RFC Liege expired in 1990, and he wanted to sign with Dunkerque in France. However, the two teams could not agree on a transfer fee and Liege prevented Bosman from joining Dunkerque, even though he was no longer under contract.
Bosman sued Liege for restraint of trade, and after a five-year court battle against his old club, the European Court of Justice ruled that out-of-contract players could move to other teams without transfer fees, a decision that ended up overhauling European soccer's transfer system. Players around the world instantly became free agents at the end of their contracts and were free to sign with another team.
Similar to the Bosman ruling, the Webster decision clears the path for some players to move to other clubs with greater ease.
"Twelve years after Bosman, this is a new groundbreaking decision enabling players to enjoy greater freedom of employment," Scottish players union general secretary Fraser Wishart said.
Indeed, a player could invoke Article 17 and use it as a bargaining ploy in an attempt to negotiate a new contract with his existing club.
Teams are now behind the eight ball when it comes to contract negotiations. There's little sense in signing a player to a long-term deal if he can skip out early, but teams also run the risk of losing a player more quickly to free agency if they choose to only sign him to a two-year deal.
The Webster decision could also spell the end of record-breaking transfer fees.
Cristiano Ronaldo signed a five-year contract last April that ties him to Manchester United until 2012, but the Portuguese star, who has long been coveted by a number of high-profile European clubs, could leave Old Trafford at the conclusion of the 2010 season after paying United $20 million to get out of his deal. Real Madrid would think nothing of reimbursing Ronaldo the money, as he would command up to four or five times that amount on the open transfer market.
FIFA's Blatter warned that small clubs that are already struggling to keep their squad together now face "an even more aggressive approach towards their players" from wealthy teams who "may sign a greater number of players, knowing that the contracts may be terminated at calculable costs."
None of this, of course, crossed Webster's mind when he first left Hearts, but his successful legal challenge has earned him a big pat on the back from players all around the world.
John F. Molinaro is a reporter for CBCSports.ca whose chief love is international soccer. Contact John here.
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Will Scottish defender Andy Webster become the next Jean-Marc Bosman? (Gary Prior/Getty Images)







