I said i will wait for UCI decision and then respond to that. But as i investigated this more and found some good sources i decided to do that beforehand.
So a nice article, a lawyer taking a closer look at van Aert, and some other athletes, case and in accordance to Belgian labour law and existing rulings so far.
If the decision will be made, by the UCI commission, for Belgian labour law to prevail, then, according to Belgian labour laws and legal practice so far, Cian can terminate his contract with Bora for "urgent reasons", basis for it in this case hence being alleged misconduct. Alleged misconduct doesn't have to be proven up front, and Cian is free to sign a new contract with Visma (after three days).
That i assume was already done.
Here likely is on why so much emphasis was put on "bullying", as without that likely no grounds would exist in regards to "urgent reasons" for employee contract termination. The whole procedure then to likely take a bit longer, likely missing the December deadline, UCI registration.
Bora in such case can decide to do nothing. Then i guess Bora could end up being fined for alleged misconduct and Cian to be compensated? Didn't investigate this part. Or Bora can first try to dismiss the contract termination based on "urgent reasons". That happened in van Aert case. For i guess clearing their name, if they believe the accusations won't stand in court or that they are not true. After, if Bora succeeds in doing that, Bora can sue for compensation. This obviously taking years, of proving, and a lot of uncertainty involved for both sides. Like seen in van Aert case.
Then there is UCI regulations. Some of the most relevant articles in this case being:
Rules & Official documents of the UCI
www.uci.org
2.15.121
Should a UCI WorldTeam or paying agent wish to engage a rider contracted to another
UCI WorldTeam or a UCI ProTeam such that the rider would begin to ride for the UCI
WorldTeam before the expiry of the scheduled term of the contract with his current team,
it shall firstly inform the Professional Cycling Council of this intention. Before undertaking
any further steps, and especially before contacting the rider, the UCI WorldTeam or
paying agent shall make known its intention to the current paying agent of the rider.
The transfer of the rider requires a written and global agreement between the three
parties concerned, namely the rider, his current paying agent and the new paying agent,
and with the prior consent of the Professional Cycling Council.
In all circumstances, such a transfer is only possible during the transfer periods.
If there is any indication that one or more of the conditions set out in this section have
not been respected, the UCI administration shall proceed to a provisional registration of
the rider with the new team. At the same time, the case will be brought before the
Disciplinary Commission.
Under no circumstances shall the provisional registration take place if the rider is already
registered with another UCI WorldTeam or UCI ProTeam and his contract has not been
broken.
So based on this article there is no real obligation. To follow the first part. And if you don't, then UCI administration will still go along with provisional registration. Assuming that they will take the stance Cian has a valid contract with Visma. If they back Bora then provisional registration with the new team is not possible.
2.15.122
The UCI WorldTeam or its paying agent that approaches or engages, even conditionally,
a rider from a UCI WorldTeam or a UCI ProTeam without the prior agreement of the
current paying agent, shall be subject to a fine of CHF 30,000 to 500,000. Individual
licence-holders involved in such practices shall be liable to a fine of between CHF 3,000
and 50,000.
If these approaches take place outside the transfer period, the fines will be tripled.
Moreover, the UCI WorldTeam in question shall pay the rider's current paying agent
compensation equivalent to the amount of the remuneration for the period of the contract
with the current paying agent remaining to run, but no less than six months' salary.
This one is rather interesting. Especially if UCI backs Visma, for Cian having a valid contract with them, and if down the road Bora dismisses "urgent reasons". That would mean Cian was still under valid contract with Bora at this point and UCI had no grounds for provisional registration. Likely something for CAS.
2.15.123
In no case may a rider move to another team before the expiry of the term with his current
paying agent as stipulated in the contract - even if that contract does not run its full term
- unless he has prior authorisation from the president of the Professional Cycling Council.
In the case of a merger between UCI WorldTeams or between a UCI WorldTeam and a
UCI ProTeam, the present provision shall apply to riders of the merged entity who have
changed paying agent.
A rider in breach of this article shall be liable to a fine of between CHF 300 and 100,000.
If this breach occurs outside the transfer period, the rider will additionally be suspended
for a minimum of one month and a maximum of four months.
This one likely comes down to a decision if contract with Bora expired or not. Here again rather interesting situation. That is if Bora dismisses "urgent reasons" on a Belgian court and UCI backs Visma. Likely something for CAS. The part on where the president of PPC can authorise it. That is something i find interesting too. On what the procedure would involve. I didn't find any info on that. It does seems a bit arbitrary, to say the least, though.
I accept the Court of Arbitration for Sport (CAS) as the sole competent authority for
appeals as provided in the UCI Regulations and under the conditions set out in these
regulations, and for the rest, by the CAS Code of Arbitration for Sport.
Seems so.
Transfer
2.15.120 A transfer period exists and applies to all changes of team, whether between two UCI
a WorldTeams or between a UCI WorldTeam and a UCI ProTeam.
The transfer period for any change of team during the season extends from 1-15 August.
For any change of team between two seasons, the transfer period extends from 1 August
to 31 December.
(article introduced on 1.07.10; text modified on 1.07.11; 1.01.15).
2.15.120 A UCI WorldTeam or licence applicant may only recruit riders during the transfer
b period. For the purposes of this article «recruit» shall be deemed to mean concluding a
contract with a rider to ride for the UCI WorldTeam or licence applicant’s team.
(article introduced on 1.07.10; text modified on 1.04.11; 1.01.15).
Debatable? Cian or Remco can hence sign for Ineos in three days. By claiming "urgent reasons". And even without "urgent reasons" notice periods across EU can allow, most countries, for riding each GT with a different team.
Anyway. I thought Lex Sportiva in EU was more predictable and that a good legal framework exists. It turns out that isn't the case. I was mostly under impression of football organisations, such as FIFA or UEFA. And their seemingly fluid transfer system and regulations. But now, by actually spending some time investigating this area. Indeed it does work. Until i guess a player or an agent decides to go all the way, to instances like ECJ. Then it often happens that the player wins and all the regulations from this sport organisations turn more into best wishes. Not being in accordance with EU laws.
In a way it's a good thing. People not treated like livestock. Still, should a team be compensated, for developing a talent into a champion. Looks like currently no. Parties involved can still do that. Like for example when Groenewegen or Roglič left JV. By following a procedure and in the end all parties agreeing. Or i guess by not doing that and as with the case of van Aert and Cian. To rather do it without all parties agreeing and leaving the rest to the courts. Possible compensation based on some local and possibly EU laws.
P.S. Bora can still beat Visma at the Tour, though. And get some monetary compensation over there, prizes money. Fingers crossed!
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