OFFICIAL STATEMENT: The appeal of Jugovic Kac against the Court of Handball decision was not accepted.
Court of Appeal upholds the first instance decision on the transfer case of Belos
The EHF Court of Appeal has reached a decision following an appeal of the club RK Jugovic Kac (SRB) with regards to the transfer of the player Nemanja Belos to Bregenz Handball (AUT).
The Serbian Federation argued that the player had a valid contract. Based on the documents and arguments provided by the parties, the EHF Administrative Body of First Instance decided upon the matter and ruled in substance that the player had the status of an amateur at the time of the transfer since he has not been registered on the list of professional players for the season 2015/2016 (nor for the season 2013/2014) provided by the Serbian Federation to the EHF.
Consequently, the player was free to sign with the Austrian club, all transfer rights shall be with the Austrian Federation and education compensation could be requested only for the seasons during which the player was registered on the list of professional players.
Indeed, as clearly stated in Article 4 of the Player Eligibility Code, the player must be registered on the list of professional players submitted by the each National Federation for each season. In case of absence from this list the player is considered as amateur.
The panel underlined that the abovementioned Article 4 is clear and the registration as a professional player has clearly a constitutive nature/character and does not only constitute a formal regulation.
As a consequence, education compensation shall not be requested for the seasons 2013/2014 and 2015/2016, the player shall be regarded as free to be transferred to whatever club since all dispositions applicable to professional players set forth in the IHF Regulations for Transfer Between Regulations which may have constituted valid limitations under the aforementioned regulations are inapplicable to amateur players.
TEXT: EHF / br
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