Kingsley A said:
I don't actually see what the Bosman or Webster rulings could have to do with this case. The Bosman ruling was specifically about players (riders) who's contract had expired and were still being prevented from signing a new contract with a different team and for the Webster ruling to apply a player (rider) must have served 3 years of their contract if they are under 28 or 2 years if they are older; i.e. in Brad's case.
Correct, it is just my awkward shorthand for "freedom of labour movement within the EU". It's the principle: being able to walk away from any contract. You can not be stopped from going, but you can be sued for breach of contact - if you have the cash and the time to do that (this bit off course did not apply to Bosman).
Webster used updated FIFA rules, combined with that same EU labour principle. The question is: what are UCI rules,
exactly. And how do they square up with EU labour law, or UK, if that's the one that UCI dictates to be the "governing one" for contracts within a UCI framework.
I also don't see why either UK or EU law would be applicable here, as JV claims. Slipstream Sports is based in Boulder CO. if I am not mistaken, and thus surely riders contracted to them should be subject to the laws of the State of Colorado or US Federal law.
If Vaughters's statement is true - IF- , and
UCI rules are [established as] subservient to national employment law, and because cycling doesn’t have a formalized transfer system, rider contracts are governed by the contract or employment law of the rider’s nationality. then the home of Garmin has become irrelevant.
This must have been the case that Sky threatened to make, and by the look of things it would be at least strong enough to actually make that case seriously enough, for a heck of a long time, so there must be
something to it, and not be totally frivolous.
And they had 3 stages as far as I could see. UCI, US, UK (and that all the way to the EU court)
I doubt if US law would fall in line with "of the rider" if tested in US courts, but it seems that there was a strong enough case to cause parties to believe it would be a legal tussle.
I could see a situation where US courts would decide something different, as US law frequently doesn't give a rat's ars
e what rules govern others in other countries. But if (also?) tested here, and a UK or EU court, or the UCI, would come to different conclusion, and that could well result in a situation where Wiggins simply could not ride in Europe. Like Italy was a no-go zone for Valverde, because of conflicting rulings by bodies governing different regions.
Take on Murdoch's lawyers?
I guess I'd take the money too. And to be frank, I think Garmin has made the better deal. I'm ready to eat my words in 2010.