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Football-legal
31
Dec
2018
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Ariel RECK
Solidarity mechanism
Cases
Argentina
Football Legal # 10

First Judicial Decisions Applying the National Training Compensation Law and Newly Issued AFA Regulations


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Buenos Aires Civil Judge no. 103, 10 September 2018, no. 84817/2016
Date of the decision: 2018-09-10
On 18 November 2015, the Law no. 27.211 was passed by the Argentine Parliament, establishing at national level the right to training compensation to any sporting club. The law applies to every sport, collective or individual, and rewards the training offered to young athletes from the age of 9 to 18. Many clubs, in particular grassroots football clubs started legal procedures for the application of the Law against first division clubs. In the recent months two first instance decisions were issued almost at the same time, both admitting the claims of small clubs against River Plate and Estudiantes de la Plata.

The Law combines the two known FIFA mechanisms, the solidarity contribution and the training compensation. The amount to be paid is 5% of the gross value of the entire contract, or 5% of the gross value of the transfer, termination agreement or buy-out payment depending on the event that triggers the compensation (a signing of a new contract, a transfer...

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Topics
  • Solidarity mechanism
Keywords
  • Argentine Football Association (AFA)
  • National Courts
  • National Law
  • National Regulations
  • Solidarity contribution
  • Training compensation
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Ariel RECK
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