With Lionel Messi making his stance clear that he wants to leave Barcelona after spending nearly two decades with the Catalan club, Manchester City have been touted as favourites to sign the Argentine megastar. However, there are plenty of complications in regards to Messi’s transfer – his whopping wages, a mind-boggling EUR 700 million release clause, free exit clause which apparently expired in May 2020, a possible FIFA ban and much more.
While any club in the world would want to have Messi on their team sheet, signing the six-time Ballon d’Or may not be as easy as it sounds. Even though Barcelona want to keep Messi and continue their sporting project with the ‘best player in the world’, the left-footed maestro is now looking at a new challenge.
If Messi walks out of Barcelona citing an exit clause which allows him to leave for free at the end of every season, the Catalan club would be left in a mess. Reports have stated that the exit clause had expired on May 31, 2020 but Messi’s entourage says that the season has been extended to August due to COVID-19 pandemic. However, if Messi leaves for free without resolving the contract dispute, he could be banned by FIFA for months.
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"If it ended up anywhere, it would be most likely in the FIFA Dispute Resolution Chamber because Messi, being Argentinian, the FIFA rules would apply, and FIFA has its own set of laws and rules," De Marco, of Blackstone Chambers, told The Transfer Show on Sky Sports News.
"So, it's unlikely to be Spanish law or English law or Swiss law but it would be the FIFA rules that apply, and they have a commission that can determine these things,” said Nick De Marco QC who has the experience of representing governing bodies, players and agents in such issues.
"Ultimately, either party can then appeal to the Court of Arbitration for Sport. That's how these sorts of issues are normally dealt with. One possibility, and it's certainly not one I'm advising anybody, is a player simply just walks out and says, 'I'm entitled to walk out, so I'm walking out'.
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"The risk with that strategy is, although FIFA will normally allow the registration to move with the player, if the club then brings a claim and succeeds, not only is the player liable to [pay] damages but also is likely to be banned under FIFA rules for a period of months and the new club signing him have a transfer embargo.
"It's such a high-risk strategy that, unless you were sure that the player was in the right, it's not a risk one would take. You have to read the contract as a whole," he explained. "Even if it's a date, and the date is the date, if that's linked to other provisions that show what the parties really meant was the end of the season, then there's still an argument it's the end of the season.”:
Man City are reportedly eager to shell out around EUR 200 million for Messi if the player and Barcelona come to an agreement of compensating his release. However, there is still likelihood that the matter could be taken to court if Barcelona demand the entire EUR 700 million release clause.
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1)FIFA can order the Spanish football federation to issue an international transfer certificate pending a resolution.
2)A major risk for the club signing Messi will be that if the court finds the ruling in Barcelona’s favour then they would be liable to pay his EUR 700 million release clause. If it is in Messi’s favour, then it would a jackpot – a free transfer.
3) The final option would be that adjudicators fix a mutual fee.