Review article
https://doi.org/10.31141/zrpfs.2024.61.151.75
Analysis of selected case law of the Croatian Football Association's Arbitration Court regarding termination of employment/playing contract
Petar Bačić
orcid.org/0000-0001-6991-8272
Davor Radić
orcid.org/0009-0003-5412-2230
; Radić & Radić d.o.o.
Abstract
Numerous arbitration proceedings between players, coaches and football clubs have been
conducted before the Court of Arbitration of the Croatian Football Association (HNS) for more
than twenty years. At the same time, certainly the most important procedures are exactly those
conducted for the purpose of canceling or terminating contracts, since in these procedures, in case of
success in the dispute, the player gets the status of the so-called ‘ free player’ and can freely change
clubs without any payment to his/her former club. In order to understand this issue, it is important
to know the practice of the HNS Arbitration Court in disputes regarding canceling of employment
contracts (professional playing contracts), as well as the related practice of the Court of Arbitration
for Sport in Lausanne and relevant decisions of the Court of Justice of the European Union. In this
paper, the authors analyze relevant case law of the aforementioned bodies, with an emphasis on the
commentary in relation to the most significant decisions of the HNS Arbitration Court in procedures
for cancellation of employment contracts, professional playing/coaching contracts or scholarship
playing contracts, all of which in sports and labor disputes between clubs and players.
Keywords
case law; contract law in sports law; contracts of employment; football; arbitration
Hrčak ID:
315918
URI
Publication date:
10.4.2024.
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