NEWSLETTER-2020-metin

360 NEWSLETTER 2020 season with its squad, unless all parties agree otherwise. The commencement date of the new agreements shall be delayed until the new start date of the next season. • Finally, any payment that contractually falls due prior to the new commencement date of an international transfer agree- ment (transfer or loan) should be delayed until the new start date of the next season, or its first registration period. All of the above-mentioned suggestions shall apply to all transfer and loan agreements by analogy. Agreements That Cannot Be Performed as The Parties Originally Anticipated The pandemic has caused the non-performance of the obligations arising from the football contracts as the parties had intended. Due to the suspension/postponement of the competitions, the players and coaches cannot continue their football activities; meanwhile, the clubs are not able to provide their work. For the same reason, there is a serious decrease in the revenues of the clubs. In such circumstance, both of the parties are not expected, nor are they able, to perform their contractual obligations, which raises the matter of validity of the agreements. Within this regard, the FIFA again refers to the national laws (or collective bargaining agreements (“CBA”) where in force) in order to answer the immediate question of validity of the contracts that can no longer be performed. On the other hand, the importance to avoid different treatment or resolutions received by football stakeholders from national courts, tribunals, or any judicial bodies in similar cir- cumstances, is emphasized. In order to find reconciled solutions in an economic and fair man- ner, and to avoid any litigation while protecting contractual stability, the following is proposed by the FIFA: • Clubs and employees (players and coaches) are strongly en- couraged to work together to find appropriate solutions and