EHF Court of Appeal decision released
The EHF Court of Appeal has released its decision in the case regarding the transfer of Maximilian Hermann from HIT Medalp Tirol (AUT) to Bergischer HC (GER).
Hermann signed a two year contract with HIT Medalp Tirol in July 2011. On 4 June 2013 the EHF received an official transfer request from the German Handball Federation. However, the Austrian Handball Federation informed the EHF on the existence of an extension agreement between the player and HIT Medalp Tirol.
The EHF administrative body, on the basis of the documents provided by both parties, confirmed the transfer of the player to Bergischer HC on 30 July 2013, considering that the employment relationship between the parties had come to an end and that the extension agreement invoked by the HIT Medalp Tirol was not valid. Consequently, the player was released from his obligation and allowed to sign with Bergischer HC.
Thereafter HIT Medalp Tirol filed an appeal with the EHF Court of Appeal, requesting the payment of a transfer compensation amounting to €40.000, according to the initial employment contract.
EHF Court of Appeal decision
In its decision released on 16 September 2013, the EHF Court of Appeal confirmed the decision of the first instance.
The EHF Court of Appeal found that the extension agreement presented by the Appellant was not valid regarding the requirements laid down by articles 3.1.1 and 3.1.2 of the IHF Transfer Regulations and affected the fundamental right of freedom of movement for workers the player is entitled to.
The EHF Court of Appeal further underlined that HIT Medalp Tirol was relegated to the second Austrian division at the end of last season; this was regarded as a cause of termination in light of the initial employment contract. Consequently, the player was released from his obligation and allowed to sign a new employment contract.
Therefore, the first instance decision is upheld and the Appellant is not awarded any transfer compensation.
In line with the EHF Legal Regulations, a statement of claim may be filed by any of the parties to the EHF Court of Arbitration (ECA) within 21 days.
TEXT: EHF / cor
|
