The Arnhem club Vitesse threatens to no longer end up in professional football next season. The Appeals Committee of the KNVB confirmed the earlier decision on Thursday evening to withdraw the professional license. What are the consequences for players, the Gelredome and the competition? And which other clubs previously disappeared from professional football?
1
How can Vitesse still prevent the retractment of the professional license?
Vitesse has the last legal opportunity to prevent the decision of the Appeals Committee on License Affairs: a corridor to court. Coming Thursday, summary proceedings will serve the KNVB, two days before the planned start of the first division at the Utrecht District Court. “There is a chance that Vitesse will receive its license through the emergency procedure, especially if procedural errors have been made by the KNVB,” says lawyer Tim Wilms, specialist in sports law and involved in the FC Twente case in 2016. In that issue, where the club was suspected of ‘fraudulent mismanagement’, Twente was saved by a ruling from the Appeals Committee of the KNVB: Procedural mistakes were made when the license was initially withdrawn.
The civil court mainly tests whether the KNVB has acted carefully and according to the correct procedure when withdrawing the professional license, Wilms explains. “The decision is not assessed in substance, except to a limited extent whether the measure is proportional.”
On Saturday, August 9, Vitesse would play the first game of the new season in the Kitchen Champion Division against Almere City, but that match was taken out of the schedule for the time being by the KNVB. The ruling will probably come before August 9, the court says in writing when asked.
2
Can Vitesse continue as an amateur club after the loss of the license?
The club can choose to continue in amateur football. That decision lies with Vitesse itself, a spokesperson for the KNVB confirms.
At what level the club would enter, it has not yet been established. That depends on the situation in which the club is at the time of accession. According to the KNVB, there are roughly two scenarios. In the first case, the current club remains legal existence and is continued. In the second case, a new entity is being set up that joins the amateur football. In both cases, the board of amateur football of the KNVB decides at what level the club can start.
3
What happens to players, staff and other club employees?
If Vitesse definitively loses its professional license, it has major consequences for players, staff and other employees – a year ago there were 137 people on the payroll, regardless of the contract players in the selection. “Contracts remain legally valid, even without a license,” explains Wilms. “But it becomes difficult, because the club can probably no longer meet financial obligations.” The current 29 players probably have to look for a new club to continue their career as a professional football player.
What exactly happens, according to Wilms, depends on what “has been agreed contractually” and what “Vitesse decision”. “If Vitesse is declared bankrupt, the curator can decide to cancel player contracts within a maximum of six weeks or to sell players earlier.” During this period, players can claim unemployment benefits via the UWV.
Players can also cancel themselves. In addition, they can start an emergency procedure at the KNVB arbitration committee to dissolve their contract, for those who want to switch quickly and do not reach an agreement with the curator about it.
For the other employees, such as trainers, office staff and medical staff, the same bankruptcy law applies in the event of a bankruptcy of Vitesse as at every company: they will probably lose their job as soon as professional football stops. If the curator ends the employment contracts, employees and players will probably claim unemployment benefits if they do not find a new job.
Main sponsors Woolsocks and Frank Energie are still behind Vitesse as long as the club exists, but in the event of bankruptcy they may be able to terminate or adjust their contract.
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4
What happens to the Gelredome stadium?
If Vitesse does not get a professional license, it is uncertain whether the club can continue to play in the stadium as an amateur. “In the event of a bankruptcy, it is likely that the current lease agreement will end,” says Wilms. “Subsequently, Vitesse has to make agreements with the owner of the stadium about future use if she wants to continue playing as an amateur club and in the stadium.”
The Gelredome is a multifunctional stadium, intended for sports competitions, concerts and large -scale events. For football matches, the capacity is more than 21,000, almost double for concerts. Since 2018 it has been in the hands of real estate company Nedstede.
To stay up financially, the stadium will have to focus more on those events. This requires an expansion of the current permits, in which the municipality of Arnhem should go along.
5
Which professional clubs previously disappeared from professional football?
If Vitesse loses its license, it will be the thirteenth club that disappears since the introduction of professional football in 1954. In recent decades, several clubs have withdrew, often due to financial problems or mismanagement.
The most recent was Achilles’29 from Groesbeek, which went bankrupt in 2018 and returned to amateur football. In 2013, AGOVV Apeldoorn and SC Veendam disappeared from the professional competition. Other known cases are RBC Roosendaal (2011), HFC Haarlem (2010), FC Wageningen (1992) and FC Amsterdam (1982). Some clubs still exist as an amateur association, others ceased to exist completely.
6
How does the first division continue?
The released place in the second highest professional competition will not be filled this season. According to the KNVB’s entry scheme, a club from the Second Division can only promote after a route of more than two years. Promise teams from Eredivisie clubs are also not eligible for this.
The Kitchen Champion Division therefore starts with nineteen clubs, the KNVB confirms. “Vitesse falls away, then the opponent does not play on that match day. Due to the odd number of clubs there is one free round every week,” said a spokesperson.
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