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Football-legal
17
Mar
2026
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Agustín AMOROS MARTÍNEZ
Guillermo JIMENEZ QUIROS
Player/Coach Contract
Cases
Spain

From Full Match to Full Disability: The Legal Aftermath of Mikel San José’s Retirement


High Court of Justice of the Basque Country, Social Chamber, 15 January 2026, no. 138/2026
Date of the decision: 2026-01-15
The article analyses the recent judgment concerning former Athletic Club player Mikel San José, whereby the recognition of permanent total disability for his habitual profession as a professional footballer was upheld, applying Spanish social security legislation from a strictly functional perspective tailored to the specific demands of elite sport. By Agustín Amorós Martínez and Guillermo Jiménez Quirós.

The decision concludes that his degenerative spinal pathologies, assessed globally, are incompatible with the physical performance standards required in professional football, notwithstanding his capacity to engage in other forms of employment. The commentary further examines the dissenting opinion, which cautions against conflating the natural wear and tear inherent in structurally short sporting careers with a genuine state of permanent disability, thereby highlighting the doctrinal tension between the protective purpose of the system and the internal coherence of the public social...

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Topics
  • Player/Coach Contract
Keywords
  • Injury
  • National Courts
  • National Law
  • Player's health
Authored by
Agustín AMOROS MARTÍNEZ
About Agustín AMOROS MARTÍNEZ
Guillermo JIMENEZ QUIROS
About Guillermo JIMENEZ QUIROS
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