NEWSLETTER-2020-metin

359 SPORTS LAW Expiring Agreements and New Agreements The first issue dealt with in the Guideline as a consequence of the Covid-19 outbreak is what will apply to expiring agreements ( i.e. those agreements terminating at the end of the current season) and the new agreements ( i.e. those agreements that are already signed and due to commence at the start of the next season). The period between the first and last official matches played in a national league championship is defined as a season under the RSTP. 3 All employment agreements and transfer agreements commence at the beginning a season, while they expire at the end of a season. The entire transfer system of the FIFA is constructed according to the seasons. The Covid-19 outbreak has caused the postponement and/or suspension of the football league championships for the time being. However, nearly all the member associations of the FIFA (“MAs”) desire to complete the competitions. In such case, these competitions will most likely be played after the original end date of this season of 2019/2020, which will also affect the commencement date of the following season. In this context, the terms of the employment agree- ments gain importance. The FIFA primarily emphasizes that this matter shall ultimately be handled by national laws, as all of the employment agreements are governed by national laws, as well as the contractual autonomy of the parties. On the other hand, the FIFA suggests the following, and is consis- tent with Article 18(2) of the RSTP: • For agreements expiring at the end of this season, the expiry shall be extended until the new end date of the season. • For the new agreements starting at the beginning of next se- ason, the commencement shall be delayed until the new start date of the new season. • If the football seasons and/or registration periods overlap, the priority shall be given to the former club to complete the 3 Paragraph 9 of the section titled “Definitions” of the RSTP.

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