Cardiff City Forum



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Is ffp legal ?

Wed Jan 20, 2016 7:48 pm

Can it be legal in eu law stopping an employee to sign for another club ,isn't it stopping freedom of employment laws ? Just a thought ,I wonder when someone will take it to a European court

Re: Is ffp legal ?

Wed Jan 20, 2016 8:13 pm

It's a gentleman's agreement. It would never survive a legal challenge

Re: Is ffp legal ?

Wed Jan 20, 2016 8:16 pm

djbluebird wrote:It's a gentleman's agreement. It would never survive a legal challenge

That's what I was thinking as it breaks so many Eu employment laws how can the football league legally tell a club what to pay an employee ?

Re: Is ffp legal ?

Wed Jan 20, 2016 8:28 pm

They are basically telling owners how to run their business. This is why the £30/40 million fine never happened to QPR. It would have been thrown out of court

Re: Is ffp legal ?

Wed Jan 20, 2016 10:45 pm

If you want to play in the Football League then you have to play by their rules.

Re: Is ffp legal ?

Wed Jan 20, 2016 10:50 pm

PtB wrote:If you want to play in the Football League then you have to play by their rules.


Then the Football League should play by the Employment laws.

Re: Is ffp legal ?

Wed Jan 20, 2016 10:50 pm

It wouldn't survive a legal challenge but the FL reserve the right to withdraw your invitation. It's their competition, if you break their rules then you will be out on your arse and we will be left with no one to play with.

UEFA on the other hand are worried that the likes of Real Madrid and Bayern Munich are big enought to create their own leagues outside of UEFA.

Re: Is ffp legal ?

Wed Jan 20, 2016 11:20 pm

Bluebird since 1948 wrote:It wouldn't survive a legal challenge but the FL reserve the right to withdraw your invitation. It's their competition, if you break their rules then you will be out on your arse and we will be left with no one to play with.

UEFA on the other hand are worried that the likes of Real Madrid and Bayern Munich are big enought to create their own leagues outside of UEFA.


Which they are.

Let's be honest if Real Madrid, Barcelona, Bayern Munich, Juventus, Man Utd, Chelsea etc all got together to create some sort of super league then UEFA would be screwed.

Re: Is ffp legal ?

Wed Jan 20, 2016 11:23 pm

As for FFP, no it wouldn't stand a chance in court.

But as has been said, if us or any other club were to take them to court over it then the chances are they wouldn't invite us into their league next season.

Re: Is ffp legal ?

Thu Jan 21, 2016 2:20 pm

You could argue that FFP doesn't restrict individual Employment Rights only that Employers (the clubs) act responsibly by not loading clubs with debt by agreeing player contracts they can't afford.

FL could argue that FFP doesn't harm contracts already in place or stop the free movement of players in EU as they could sign for other clubs not under a transfer embargo. The embargo simply stops clubs from taking on more employees which on the evidence they can't afford.

Re: Is ffp legal ?

Thu Jan 21, 2016 2:24 pm

Other sports and organisations have a wage cap, if you break it there's severe penalties

Re: Is ffp legal ?

Thu Jan 21, 2016 2:43 pm

The football league refusing their invitation to play in the league would constitute restraint of trade to Cardiff City Ltd. The league can have all the rules it wants but is subject to the law of the land like everyone else.

Re: Is ffp legal ?

Thu Jan 21, 2016 2:47 pm

Wage caps would never stand up in court either. Bosses are free to pay employees what they want

Re: Is ffp legal ?

Thu Jan 21, 2016 4:19 pm

djbluebird wrote:The football league refusing their invitation to play in the league would constitute restraint of trade to Cardiff City Ltd. The league can have all the rules it wants but is subject to the law of the land like everyone else.


No it wouldn't, Cardiff City will be free to trade and play football should they wish just not in the football league.

Re: Is ffp legal ?

Fri Jan 22, 2016 2:07 pm

Since Cardiff City limited would lose a huge chunk of income and employees and would therefore be prevented from trading at their present level that is restraint of trade.

Re: Is ffp legal ?

Fri Jan 22, 2016 2:18 pm

djbluebird wrote:Since Cardiff City limited would lose a huge chunk of income and employees and would therefore be prevented from trading at their present level that is restraint of trade.


Stop talking out of your arse. We lost a huge chunk of income and were prevented from trading at our present levels when we got relegated from the Premiership. Maybe we should have argued restraint of trade and we'd still be there.

Re: Is ffp legal ?

Fri Jan 22, 2016 2:19 pm

djbluebird wrote:Since Cardiff City limited would lose a huge chunk of income and employees and would therefore be prevented from trading at their present level that is restraint of trade.


No it isn`t . It is just the application of the internal rules of UEFA , Premier League , Football League etc. as appropriate.

A company can choose to join that League under its rules , or choose not to , so no restraint of trade at all , just personal and free choice.

Just to note re legal challenges to football rules , this has actually taken place in the past. HMRC challenged the football rule of all football debts having to be paid in full in the case of an insolvency when Exeter City went into Administration as this is not what statutory Insolvency Act rules say should happen. HMRC lost the case in all courts , even after appeal , on the very ruling that an organisation such as the League can have whatever internal rules it likes and its members have free choice whether to accept them and join or not.

Re: Is ffp legal ?

Fri Jan 22, 2016 11:59 pm

Since48 you are aware of the difference between RELEGATED and EXPELLED right?

Re: Is ffp legal ?

Sat Jan 23, 2016 9:51 am

djbluebird wrote:Since48 you are aware of the difference between RELEGATED and EXPELLED right?


Stop moving the goalposts. We wouldn't be expelled per se we just wouldn't be invited back, is a transfer embargo an example of restraint of trade in your eyes too? There has to be punishments and if we keep breaking the leagues rules they won't have us back. Applies to all clubs.