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Webster rule will be 'very damaging', warns Blatter

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Published Date: 01 February 2008
FIFA president Sepp Blatter has criticised the Court of Arbitration for Sport's judgment in the Andy Webster case and claims it will prove "very damaging" for the world game.
Webster appealed against a fine of £625,000 which was imposed on him by Fifa's dispute resolution chamber for breaking his contract at Hearts to join Wigan in 2006.

The Scotland international, who is currently on loan at Rangers, quit Hearts after three years of a four-year contract, taking advantage of article 17 in Fifa's player status and transfer regulations.

He moved outside the 'protected period' and in his case the Lausanne-based Court of Arbitration for Sport (CAS) decided Webster would only have to pay up the final year of his contract to secure his release.

That meant Webster, now 25, paid £150,000 to move when Hearts were seeking compensation of £4.6 million.

Blatter said: "The decision which CAS took on 30 January is very damaging for football and a Pyrrhic victory for those players and their agents, who toy with the idea of rescinding contracts before they have been fulfilled.

"CAS did not properly take into consideration the specificity of sport as required by article 17 paragraph one, of the regulations on the status and transfer of players. Because of this unfortunate decision, the principle of contractual stability, as agreed in 2001 with the European Commission as part of the new transfer regulations and which restored order to the transfer system, has been deemed less important than the short-term interests of the player involved."

Fifa insists that breaking a contract without just cause remains "unjustified" and defended its right to decide on £625,000 as appropriate compensation, even though the CAS, in the Webster decision, insisted there was no straight-forward reason why the governing body would reach that sum.

Fifa is concerned that any player at the same stage of a contract as Webster reached, will know the cost of buying themselves out of a deal. Moreover, Fifa claims agents will tout players to clubs, revealing the price for signing players under contract on the basis of salary.

Fifa could review its policies on transfers in the wake of the Webster ruling, now the loophole has been exploited. In its statement, Fifa said: "Should the protection of contractual stability finally indeed be subverted, Fifa will consider appropriate measures to safeguard the special nature of sport with regard to employment contracts."

The full article contains 414 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 31 January 2008 10:35 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Heart of Midlothian FC
 
1

KingKenny,

01/02/2008 00:28:45
Good Talk Sepp Blatter ..but Hearts want money..Help them...
2

jambtastic,

01/02/2008 00:36:05
Where's Wigans punishment in all of this they were in it from the start with Rangers a player they tried to buy for 1 million a year earlier , no more than theft .
£150,000 for a Scottish international centre half , would not buy you a pair of Beckhams Y-fronts .
The Old Firm Football Association stand back and do nothing about this unique case . If Blatter has any power in FIFA , Wigan shouldbe fined and a re-trial for proper compensation .
3

Backofthenet,

01/02/2008 01:01:40
#2, FIFA themselves fined Webster £625,000, nothing like what Hearts said they wanted. The CAS, an independent body, reduced the fine even more. So spare us the paranoia about the "Old Firm Football Association".
4

Aitchie,

Glebe 01/02/2008 02:26:44
It's an OF conspiracy. Always has been. They should be thrown out of football forever. They are the shame of Scottish football, a burden on society, a blot on our cultural landscape. They sicken me, they disgust many others and they fill up our newspapers, and comments boards with poisonous, vile, racist, sectarian bile.

They are sad, bitter and twisted.
5

,

01/02/2008 07:21:21
Comment Removed By Administrator
Reason:
6

the REF's wee boy,

01/02/2008 07:46:22
A full inquire is needed here and the crooks thrown out of football, be it clubs or individuals.
7

Braesbear,

01/02/2008 08:21:41
You should all remember Romanov's part in this.

His unreasonable behaviour was a major factor in this, just look where that and the current Hearts team are now under his ownership.

The man doesn't have a clue.

8

Rambo_the_Jambo,

Edinburgh 01/02/2008 08:36:19
Webster is a backstabbing traitor. I hope he rots on the Rankgers bench, gets forgotten about then ends up in Hull or Colchester United.

Paul Ritchie professed his allegiance to them, refused to play for Hearts under contract then moved to Castle Greyskull on a free at the end of the season.

Look what happened to him.
9

Rambo_the_Jambo,

Edinburgh 01/02/2008 08:38:38
# 7 Braesbear

Yes, Romanov certainly alienated a number of players and personnel, as well as the fans.

However it does not justify Webster's actions in walking out on the club.

He was determined to end up at Ibrox and surprise surprise, his move to Wigan ended up.............where?????
10

Braesbear,

01/02/2008 08:49:03
9 Rambo

If Webster had timed this correctly he would have been able to walk away free under the rules.

If my memory serves me correctly Mad Vlad prevented AW from playing.

Webster walked under the rules but was out slightly on timings and had to pay this fee.
11

Gorgie's Finest,

01/02/2008 09:01:06
#7
Webster wanted away long before Romanov p1ssed him off he tried to instigate a moce to Rangers long before he decided to be a judas. It was Burley who left webster out of the pre season because he wanted a move to Rangers.So to say It was romanovs fault on the webster scandel is wrong. As #5 says we'll see if you lot and others are still happy about this when one of your International players decides to do the same, This ruling has now set a precedent and according to reports many players were waiting on the outcome so they could use article 17 to get out of contracts. We now have a scenario where a player under 28 can basically tell a club to shove it after 3 years of a contract or if over 28 after 2 years. Agents will obviously know the players wage and be able to pass this info onto other clubs to alert them to his availability at what price.

If i was a fan of another club would be worrying about all these players who are worth money leaving

Hemdani
Cuellar
Boyd
Nakamura
Brown
Riordan
Fletcher

There are many more those are just examples.
12

Jam Tarts 1874,

On the Rebound 01/02/2008 09:09:08
No surprise to see the narrow minded ignorance of Rangers fans on this one.

Obviously the bigger picture on this judgement is just far too big for Govanites to comprehend.
13

These Colours don't run,

01/02/2008 09:19:25
This is a shocking decision and one that will effect every club (even the mighty all conquering Celtic & Rangers!). It is another victory for the weasels that sign contracts, kiss the badge then jump at the next best offer, whilst clubs have honoured their side of the contract.

Whilst I think Romanov's treatment of Webster was appalling, this decision could be another nail in footballs coffin!

14

Jambo-ree,

01/02/2008 09:24:49
Those who are seeing this just as a poke in the eye for Romanov have very blinkered vision themselves. As Sepp Blatter makes clear, this will affect all clubs in the future and is likely to be Pyrrhic victory for player power.

It was not Romanov who wrote the rules complete with their loophole that Webster has crawled through, nor would the player himself have been clever enough to find it, let alone exploit it. This is all down again to the bloodsucking tendencies of some agents. If it had not been Webster then it would have been someone else, somewhere else so you cannot lay this at Vlad's doorstep.

Now the floodgates are open, just watch the greedy pouring through in future.

Grow up Hibees and Bears - this is about the future of the game we all love and not a case for tribal points scoring.
15

Glorious Hearts,

01/02/2008 09:27:01
laugh and scoff all you like, the fact is that this ruling will soon turn round to bite us all on the bum.

Will hibs, a self-admitted selling club, be able to command a transfer fee for the youngsters they bring through that keeps them going? How will Celtic and Rangers do without any transfer income?

For all but the big players and big clubs, this is very bad news indeed
16

Jambo-ree,

01/02/2008 09:37:24
My #14 should have read "You cannot lay this wholly at Vlad's doorstep."
17

Teary Ennui,

01/02/2008 09:39:54
#14,

FIFA say this will be a "Pyhrric victory" not only for players but agents too. In other words they claim agents will suffer.

"It was not Romanov who wrote the rules".

No it was FIFA themselves who made the rules in the first place. FIFA made the original decision in this case too. CAS has dealt with the appeal. So there's no point in bitter Jambos whingeing on about the Old Firm.

What's FIFA's beef with CAS? That they reduced the level of fine/compensation? Is that really the central issue?
18

Prof,

01/02/2008 09:40:42
#15 good point which most Hibs fans will also appreciate. However its a bit rich Bleather complaining, as it was his organisation that put this rule in place.
One point -The Lausanne court is outside the EU and very much a kangaroo court made up of self appointed windbags. As a result Hearts of course have the option to take this to the Court of Session, particularly if they think that a conspiracy was involved. Problem of course is getting those involved behind the scenes to tell the truth
19

Alan B,

01/02/2008 09:49:57
It is not this decision that really is a problem. It is the rule itself. the decision had to be based on the fact that webster provoked a rule and register his intention a couple of weeks after the deadline.

Quite simply players should see out their contracts.

I also think it should be wigan that are in the doc rather than the player. there is no way many players can afford to financially compensate clubs. could webster really reasonably afford 650,000. clubs can.
20

Jambo-ree,

01/02/2008 09:59:07
#17 - You are correct and there are two separate issues here. One is the rule itself but I do not think you'll find any Jambos whingeing too much about that. It is the way it was exploited by the player (who wanted to go to Ibrox) and Rangers FC (who wanted him there).

The rule says that a player may not use this clause to move directly to another club in the same country. This rule was then cynically manipualted to 'pretend' a transfer to Wigan (sponsored by JJB) with a subsequent loan to Rangers (also sponsored by JJB). That's the issue we have with Rangers. The spirit of the rule has been broken (but the rule itself was badly worded).
21

Teary Ennui,

01/02/2008 10:29:21
"This rule was then cynically manipualted to 'pretend' a transfer to Wigan (sponsored by JJB) with a subsequent loan to Rangers (also sponsored by JJB). That's the issue we have with Rangers." (#20)

You got any proof of that?

Are Hearts taking any action over it? It's not as if Mr Romanov is one to take things lying down. (He does have a record of driving valuable employees out of Tynecastle though.)
22

Rambo_the_Jambo,

Edinburgh 01/02/2008 11:36:51
# 21 Teary Ennui

So is Webster still on loan from Wigan or not?

If he is, what happens when the loan deal runs out.

Either way the whle thing stinks. Wanted to go to Rangers, Rangers wanted him, Hearts refused to sell.

Walked out, went to Wigan, subsequently ended up at Ibrox.

Surprise surprise.

Proof??

Look at the facts, no proof needed.

As they say in the legal profession, 'res ipsa loquitor'....'the thing speaks for itself'

23

Rambo_the_Jambo,

Edinburgh 01/02/2008 11:37:24
........Either way the whole thing stinks.
24

Grierson_Green,

Leith 01/02/2008 11:59:02
From Fifa website

The DRC (FIFA Dispute Resolution Chamber) will now analyse the CAS decision in depth and evaluate its impact on protecting contractual stability. Further, it remains to be seen if CAS's decision will become constant jurisprudence with CAS. Should the protection of contractual stability finally indeed be subverted, FIFA will consider appropriate measures to safeguard the special nature of sport with regard to employment contracts.

Dont really understand exactly what it means, but sounds like they are going to try to over rule the CAS decision by classing football a unique sport. Probably won't help Hearts as the decision has already been made but may help the situation going forward.
25

Gorgie's Finest,

01/02/2008 11:59:19
#21
You dont have to be a rocket scientist to work out there was funny goings on and Rangers instigated the whole thing from the very start. Obviously we would never expect a rangers fan to admit he can see the irregularities here, were'nt rangers being investigated just a few months ago with regards to tapping and bung scandals for agents etc of transfers? dont say it doesnt happen it does and always has done and always will do. The OF are rotten to the core, they reek of dishonesty and have raped Scottish football for decades.
26

Teary Ennui,

01/02/2008 12:43:03
"You dont have to be a rocket scientist to work out there was funny goings on and Rangers instigated the whole thing from the very start." (#25)

How about paranoid?
27

Teary Ennui,

01/02/2008 12:45:08
"As they say in the legal profession, 'res ipsa loquitor'....'the thing speaks for itself'" (#22)

Dunno why they bother having those troublesome trial things then. Talking of the legal profession, let Hearts go to them if they want....
28

Rambo_the_Jambo,

Edinburgh 01/02/2008 14:14:21
# 27 Teary Ennui

When someone replies to your posts you retort with insults.

Whoever you are F. Off as this is for adults only.
29

Teary Ennui,

01/02/2008 15:14:35
#29,

Eh? There are no insults in #27.
30

the REF's wee boy,

01/02/2008 15:22:27
TEARY NUMPTeee if U can tap keys in right order U can't be a complete TOOL, so must see this as dirty dealing.

Also that all clubs even the crooked ones will feel the long term effect from this ruling
31

Rambo_the_Jambo,

Edinburgh 01/02/2008 16:17:19
Well then maybe I interpreted wrong, if so apologies.


However #26 'Paranoid'/
32

Jambo-ree,

01/02/2008 16:27:58
#27 Go back to my #20. What I said was "The spirit of the rule has been broken (but the rule itself was badly worded)" therefore there cannot be any proof of anything illegal as there was noting illegal and I'm not arguing that. What gripes is that some smart@rse agent has found a way of circumventing what the rule was supposed to prevent with the willing connivance of the two clubs concerned, who just happen to share the same sponsor. It's not illegal but scores a big fat zero in the morality stakes, but since when did that matter to the OF? Just realise would you that any player with a contract longer than a 3 year contract at ANY football club can now just walk away in the same way.
33

Backofthenet,

01/02/2008 17:48:11
These conspiracy theories are a side issue.

FIFA made the rule. They'll have to either live with it or try to amend it.
34

J J MAROONER,

KIRKCALDY 01/02/2008 19:07:57
The big clubs in Europe and England will not stand for this. Can you see Man U standing by and letting Ronaldo go for a years wages- cant see it.

I notice Messrs Higgins and Wishart have said very little since they rushed into a press conference announcing this was a ground breaking decision, I suspect having now thought it through they will have realised that this is not in the intrests of the majority of the players they represent.
35

brettgallacher,

edinburgh 01/02/2008 19:53:14
what an erse of a decision clubs have just got over the bosman rule by trimming wages etc now if you have a good player you will get nowt that idiot fraser wishart thinks its good who for like apart from the buying/mercenary club scotland has just got back on its feet after years of foreigners taking over scottish football this rule has just sounded the death nell for most clubs small clubs need the revenue from bringing on players selling them on like anyother business you have to make a profit now they wont get a brass razoo
36

brettgallacher,

edinburgh 01/02/2008 19:57:47
thats the point 35 the big clubs are too big they dictate the rules rangers member of g14 all the small clubs need to do is sign players on 30 year contracts at mickey mouse wages tell them to train for 40 hrs a week then play a game like the normal guy in the street
37

BEMUSED EXILE,

01/02/2008 20:26:15
There is no "G14" any longer, and Rangers were never a member in any case.

Football has to eventually join the real world. To footballers, it's a profession, and like the rest of us, they want the right to leave their current employer if they are unhappy there, or if someone makes them a better offer. This may mean working a period of notice, or even having to pay the current employer a statutory amount of compensation.

The irony is that Hearts could have probably pushed Rangers to around £1.5 million when they initially registered an interest in the summer of 2005. Instead, they ended up paying Webster his full wages for another year, and now have to settle for about one-tenth of that fee.

Sometimes, life just kicks you in the teeth.
38

bonspeil,

02/02/2008 00:28:37
#38 "registered an interest" - Interesting turn of phrase. Is that Glasgow for "tapping up"? Even if they did "register an interest" through the formal channels, do you think Hearts would have deliberately unsettled Webster by telling him that there was an interest when they had no intention of selling him? No - yet Webster knew of this "interest" from somewhere. Hmmm... agent, papers, Scotland squads... the OF have this down to a fine art now.
39

Loki,

Valhalla 02/02/2008 05:49:25
This is Boruc's exit out the back door, probably this summer, and Celtc missed out on Guzan, the American goalie, stolen by their old mate MON. Considering Celtc brought him over for a trial you would have to be pissed off.
40

J J MAROONER,

KIRKCALDY 02/02/2008 08:00:33
I am surprised that the SFA has not commented on this maybe they dont want to upset Rangers, or maybe they are to busy dealing with the likes of Breichin City, or perhaps they are to busy in committee meetings thrashing out how many paper clips to buy on the the next run to Office World, or what colour to paint George Burleys new office, the fact that a member club has been shafted is of no concern.
41

romanromanovbro,

edinburgh 05/02/2008 17:31:05
dont really care what webster does now as i think christophe berra will be a better player than him in any case.the rule he invoked will damage football not the players or agents but the football clubs.if hearts bring a good youngster thru the ranks as a young boy he turns 23 with a year on his contract left he could just walk and paying the amount of just one year contract or if he's 22 and wants to leave hearts or any other club will have to let him go at a knockdown price cos he cud leave a year later for nothing sad that it is but thats the way it will go.

 

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