Lawyer Simon Renault’s perspective on the major migration to NCAA: « Basketball reform must be comprehensive »

The growing exodus of young French players to American universities creates a real headache for professional clubs in France. As explained by Simon Renault, a sports attorney in Montpellier, this trend relies on a legal vacuum that jeopardizes contractual balances and the economic model of training centers. The issue stems from the absence of an international framework to regulate player departures from contracted positions to entities like the NCAA, which are not affiliated with FIBA.

Contract termination: an exception, not a rule

Under French law, a fixed-term contract (CDD), like those binding young basketball players to their clubs, must run its full course. The law of November 27, 2015 strictly regulates cases of early termination: permanent employment, serious misconduct, force majeure, or professional incapacity. However, there is one exception: mutual termination, provided for in Article 15.1 of the Professional Basketball Collective Agreement.

This provision explains most recent departures to NCAA, such as Mathis Courbon, who left Roanne for Murray State despite signing his first pro contract for 2024. The termination was executed with a termination amendment, duly registered with the LNB.

No compensation for clubs?

The NCAA is not affiliated with FIBA or any other international sports federation. Consequently, it falls outside regulations protecting European clubs during transfers to leagues like the NBA. Thus, unless specifically stipulated in contracts, French clubs have no mechanism to receive compensation when players leave for the United States.

Simon Renault reminds: « A player cannot unilaterally terminate their contract just because of a better offer, » according to the Sports Code. However, certain exit clauses can be negotiated in advance, particularly for club non-qualification or in exchange for compensation fixed in the contract (Article 15.2.2 of the Collective Agreement).

Leaving without agreement: possible but risky

Despite regulatory uncertainty, a contracted player cannot leave for NCAA without ending their commitment. This requires either mutual termination or waiting until contract completion. Unlike the NBA, where foreign player transfer compensation caps exist ($825,000 in 2023-2024), no comparable system governs movements to American universities.

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Necessary structural reform

Facing this trend, only international reform could rebalance things. Simon Renault calls on FIBA to create a legal framework recognizing NCAA departures as paid transfers. This would allow European clubs to receive compensation, similar to traditional transfers.

He also warns about the risk of French basketball becoming a talent pool serving programs like « Next Stars, » where local clubs would merely be stepping stones in an NBA-controlled pipeline. With a mutualized compensation system, training clubs might never be fairly compensated for developing their talent.

A transformation of the French training model

If nothing is done, warns Simon Renault, the French model could be stripped of its substance. As with football before the extension of first professional contracts, the economic and sporting survival of training clubs is at stake.

« The risk is structural. We need comprehensive reform and a binding international framework to prevent European basketball from becoming merely a stepping stone to America. »

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