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Spillerforeningen, the Danish PFA, has won an important victory for its members. Two-thirds of Danish clubs now have to take out new insurance policies for approximately 400 players and the Danish League has been fined for breaching the Collective Bargaining Agreement.

 

In a leading case the Danish Court of Arbitration for Football has ruled that two players shall receive compensation worth over €75,000 each from their former club Vejle Boldklub.

 

Both players, Allan Gaarde and Sammy Youssouf, have had to end their careers following knee injuries at the ages of 35 and 32 respectively. According to the Danish Collective Bargaining Agreement (CBA) clubs must take out a policy for a fulltime player entitling him to DKK 500,000 (app. €67,000) if an injury puts a stop to his career.

 

However, the insurance policy taken out by Vejle Boldklub on the two players meant that players over the age of 31 would only be entitled to compensation to a very limited extent. In addition the insurance contained an unreasonable proviso that a permanent total disablement as a professional football player had to occur within six months of being injured.

 

In spite of this being contrary to the CBA the Danish League continued to allow it.

 

Initially the unreasonable demands meant that Gaarde and Youssouf were denied compensation, but the ruling delivered by the Danish Court of Arbitration for Football sends a 1,150,000 (app. €153,000) bill on to Vejle Boldklub. The Danish League has been fined DKK 100,000 (app. €13,000) for having acted in violation of the CBA.

 

Mads Øland, Director of Spillerforeningen, is more than pleased with this important win: 'At Spillerforeningen we are happy that the Danish Court of Arbitration for Football has protected the player insurances of the CBA with this leading case.'

 

It is estimated that two-thirds of Danish professional clubs have to take out new insurance policies for approximately 400 players as a result of the ruling. Spillerforeningen will continue to investigate if other players have sustained losses as a result of inadequate insurance policies dating back from October 2004 when the existing CBA was signed.

 

The Danish PFA expects to bring actions against more clubs and the Danish League.