Permission to play (sport)

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A license to play (or authorization to play ) in sport is the approval of a licensed player to play .

General

There are licensed players in various professional sports . The term is explained here using the example of professional football . The license to play is also known colloquially as a “license” because a football association grants a license to both a club and its players . In professional football, according to the German "Licensing Regulations Player" (LOS), a player is a licensed player who plays a football game on the basis of a written contract concluded with a licensed football club or a licensed corporation and is authorized to play a game by concluding a written license agreement with the league association ( organizer ). Similar regulations can also be found in other professional sports and abroad. The license agreement between the player and the league association is a prerequisite for the player being granted license to play licensed players in licensed teams when an employment contract is concluded with a club.

Legal bases

Only those players are eligible to play for a club who has a license to play issued by the DFB League Committee in accordance with Section 10 No. 1.1 License Regulations for Players (LOS). A license to play for a licensed player must be applied for from the club that has obliged the player to apply to the league association (§ 13 No. 1 LOS). The license to play depends , among other things, on the entry of a player in the transfer list and on their fitness for sport. Eligibility to play also depends, among other things, on the new club paying the transfer fee to the old club (§ 14 No. 9 LOS). The payment of the transfer fee is a necessary prerequisite for the player to be granted permission to play for the club taking over as a new employer by the DFB. The transfer fee is intended to compensate the old club for the fact that the player has discovered, trained and promoted and that his departure is athletically and financially affected. The club taking over is supposed to compensate, because the player's commitment gives him sporting and economic advantages.

If the transfer regulations are violated, the player's license is to be denied. Only those club members who have received a license to play for their club in accordance with the regulations of their member association and are thus registered are eligible to play. The earliest day of eligibility to play is the day on which the application for a player's license is received at the passport office of the responsible member association. By registering, a player undertakes to comply with the statutes and regulations of FIFA and UEFA as well as the statutes and regulations of the DFB and its respective regional and national association or the league association. A license to play is only granted if u. a. there is an effective employment contract between the player and the club. The eligibility to play is generally proven by presenting the player pass (§ 10 No. 2 LOS). The exclusivity of the right to play is adequately secured by the fact that, according to § 25 No. 4 SpO, a game is to be considered lost by the team that culpably used a player who was not eligible to play.

A player involved in the Bundesliga scandal has forfeited his license to play through proven corruption , as the Federal Court of Justice (BGH) confirmed in its November 1975 judgment against Hartmut Weiß .

purpose

A sports association can only monitor compliance with its rules and thus the uniformity of the sport with a game permit. By being allowed to play, the player acknowledges that he is complying with these rules and that he or she is subject to sanctions in the form of disciplinary sanctions if they are violated. The license to play serves as proof of the qualification of a player in the Bundesliga. However, like all rules, it is irrelevant for the existence of an employment relationship . The DFB restricts the player's right to work by granting the game permit , but this is allowed to companies.

economic aspects

The employment contract and the game permit trigger an activation obligation in the club's balance sheet for the football club as the employer of the licensed player ( employee ) . According to the ruling of the Federal Fiscal Court (BFH) in December 2011, the club has to capitalize the transfer fees paid to other football clubs as acquisition costs in the balance sheet item "Player values " ( intangible assets ) , which are to be depreciated on a straight-line basis over the entire term of the contract . The BFH emphasized that unless the practice of "player trading" in professional sports itself is not considered immoral than the right or, one on this practice as fact anknüpfende accounting not the legal or Sittenwidrigkeitsverbot could fall under. As a result of the association's legal protection through the gaming permit in connection with the transfer system, which is also organized under association law, a market for “buying” and “selling” licensed players has established itself. The resulting potential value of a player for the club was the performance obligations in isolation of the employment contract and therefore as an independent depreciable asset specific.

Individual evidence

  1. ↑ License regulations for players (LOS) of December 3rd, 2015, p. 3 ( Memento of the original of November 29th, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / s.bundesliga.de
  2. ↑ Lutz Füllgraf, Der licensed football , 1981, p. 77
  3. ↑ Ludwig Uhl, Sales Tax Review , 1964, p. 270
  4. ↑ Bernd Preis, The licensed player in Bundesliga football , 1973, pp. 59, 60
  5. ↑ Lutz Füllgraf, Der licensed football , 1981, p. 77
  6. ^ BGH, judgment of November 13, 1975, Az .: III ZR 106/72
  7. ↑ Gerhard Wiesner, On problems of Bundesliga football , in: Konrad Paschen (Ed.), Berufssport am example football, JZ 1972, p. 539 p. 54
  8. ↑ BGH NJW 1995, 583, 585
  9. ↑ OLG Karlsruhe, NJW 1978, p. 324
  10. ↑ Arthur Nikisch, Arbeitsrecht , Volume I, 1961, § 34 II, p. 447
  11. ↑ BFH, judgment of December 14, 2011 - Az .: IR 108/10
  12. ↑ Wolf-Dieter Hoffmann, accountant and controller , 2006, p. 129 f.