The National Court establishes that soccer players cannot be forced to join the AFE to receive aid

Condemns the Association of Spanish Soccer Players to compensate the majority women's soccer union with 60,000 euros

MADRID, 20 Oct. (EUROPA PRESS) -

The National Court has established that soccer players cannot be forced to join the Association of Spanish Soccer Players (AFE) to receive aid from the End of Career Fund. Thus, it has ordered the association to pay 60,000 euros in compensation to the majority women's professional football union, FUTPRO, for violating the fundamental rights to freedom of association and non-discrimination on the grounds of sex of its members by requiring them --unlike the players men-- who joined the AFE to receive the aforementioned benefit.

In a sentence, signed this Monday and collected by Europa Press, the magistrates have concluded that the behavior of the AFE is "radically null", for which they have ordered the "immediate cessation" of such behavior.

The Social Chamber has ruled after the women's union filed a lawsuit against the AFE on the protection of fundamental rights to which the association Futbolistas ON adhered.

FUTPRO alleged that the Association of Spanish Soccer Players required soccer players to join --unlike male soccer players--- in order to benefit from the financial aid that is provided for in the End of Career Fund. This savings plan was approved in 2016 for professional soccer players or, where appropriate, their heirs, due to the end of their sports career, permanent disability or death.

Now, in 21 pages, the National High Court has considered that FUTPRO has provided clear indications of a violation of freedom of association and of indirect discrimination based on sex.

The magistrates have stressed that, as a result of the reform operated by the Board of Directors of AFE on April 8 -in relation to the modification of the Regulations of the End-of-Career Fund-, there is discrimination against women.

"While the union affiliation of male soccer players is irrelevant, women who compete in the Women's First Division are required to be affiliated with AFE, which implies a pejorative treatment of women with respect to men, as well as a pejorative treatment of women. affiliated to the actor union with respect to those affiliated to AFE", they have indicated.

To set the compensation, the National Court has taken into account that the AFE union has already been sentenced twice by the same Chamber for other violations of freedom of association.

Thus, it has concluded that the compensation requested by FUTPRO must be "estimated as fair", "both in order to compensate for the moral damage caused, and to prevent future behaviors that are harmful to fundamental rights."