By Peter Vice
German tabloid Sport Bild and transfermarkt.de report that Borussia Mönchengladbach are on the verge of acquiring two defenders from the Hertha BSC youth ranks.
As was the case with the recently finalized transfer of keeper Marcel Lotka, however, there’s a legal issue with youth player contractual clauses.
Borussia-Park. | Photo: Borussia Mönchengladbach |
Two youngsters are reportedly set to follow the path of former Hertha prospect Luca Netz over to the West Prussian confines of Mönchengladbach. Transfermarkt.de reports that Hertha U19 left-back Lukas Ullrich is set to join the foals. Ullrich’s teammate Jamil Najjar is also preparing to switch to the BMG, as per Sport Bild.
The two 18-year-olds have just wrapped up their seasons with the Hertha Juniors. Ullrich’s situation–out of contract after his three-year-deal signed as a 15-year-old elapsed–actually mirrors that of keeper Marcel Lotka. The Berlin club had a unilateral extension option built into the contract and can use it to potentially block a transfer.
The existence of such clauses, common practice in German football, presently sit on tenuous legal footing after the DFB attempted to retroactively declare them invalid with a decision made at a 2020 general meeting. In the interest of protecting younger players, the German FA attempted to render such clauses null-and-void if they were anchored in 2019 or sooner.
Since no direct legal precedent for dealing with such dispute exists (no club has taken to challenging it), arrangements continue to rely upon out-of-court arrangements made between the two parties. In Lotka’s case, a compromise via a re-sale clause was obtained.
Lotka’s transfer to Borussia Dortmund,long reported upon and unofficially conformed by Sporting CEO Fredi Bobic at Hertha’s chaotic general meeting yesterday, was officially announced today. While there should be no obstacles preventing Najjar from moving to Gladbach, the Ullrich dispute now prepares to move front and center.
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