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Webster ruling


The Webster ruling is a test case in association football law involving Andy Webster, a defender formerly with Heart of Midlothian football club in Edinburgh, Scotland. In September 2006 he became the first player to exploit the updated transfer regulations of FIFA, football's governing body, which stipulated that players are able to unilaterally walk away from a contract after a fixed period, regardless of the duration of the contract itself. Although the long-term effects of the decision remain unclear, it has been compared to the landmark Bosman ruling of 1995 in its potential significance.

The regulations which led to the Webster ruling were enacted in response to the European Commission, who in 1998 opined that FIFA's then current football transfer system served as an obstruction to players' freedom of movement compared to workers in other industries. FIFA, and its European governing body UEFA, campaigned for a special exemption for football, but after the Commission threatened to abolish the system, the new regulations were put in place by September 2001. Because of the complexity and potential legal ramifications for players, it was five years before Webster's test case emerged.

Article 17 of FIFA's Regulations for the Status and Transfer of Players is entitled "Consequences of Terminating a Contract Without Just Cause", and is the fifth article of Chapter IV, "Maintenance of Contractual Stability between Professionals and Clubs". It outlines the provisions which apply if a contract is terminated without just cause, and the requirement for the party in breach to pay compensation. Specifically, it states that any player who signed a contract before the age of 28 can buy himself out of the contract three years after the deal was signed. If he is 28 or older the time limit is shortened to two years. Article 17 was introduced in December 2004, with effect from 1 July 2005.


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