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September 4, 2009

Sports Lawyers peer into crystal ball, predict doom (+ UPDATE)

First came Kakuta. Is the case of Paul Pogba next?

First came Gael Kakuta. Is the case of Paul Pogba next?

If we’re to believe recent comments by leading sports lawyers, this completely out-of-nowhere FIFA action against Chelsea might be just the tip of the iceberg. Look out, other big (read: English) clubs…. Blatter is coming!!!

Dan Harrington of some posh London law office reckons FIFA are just getting started: “The FIFA regulatory regime is there to ensure contractual stability so clubs can plan their seasons (and) their squads… his is an example of FIFA showing just how important it views the regulations.”

Could he have a point?

After all, there’s reason to think Manchester United could be hit by a similar court case as French club Le Havre announced that they’re pursuing a similar case regarding the “transfer” of prodigy Paul Pogba in 2006, just months shy of the boy’s 16th birthday.

Le Havre managing director, Alain Belsoeur, feels confident: “Of course we are still pursuing our case. It is a very serious case. We are confident that we’ll win because it is in the best interests not just of our club but of sport.

“We spend €5million [about £4.3million] on our academy every year out of a turnover of €12million. It is a huge investment. We do that to give a chance to our players to develop for our first team, not to be an academy for others. What is the point of investing in an academy if the players leave at 16? This is clearly a message from FIFA to protect the education system.”

It’s hard to find fault in his side of the argument, either.

The way football used to be, clubs’ academies were littered with genuine, bona-fide homegrown talent, most of which would eventually end up representing the first XI. Ajax of the 70s, Milan of the 80s, and then Manchester United’s 90s were full of local boys — the Nevilles, Scholes, Beckham, Butt to name but five — while other top clubs like Liverpool were no different (Gerrard, McAteer, McManaman, and Fowler).

Today, Barca appear to follow that pattern, but for the most part, the transfer market deals as much in teenagers as it does in established superstars. Teams rush out to fill their academy with players other clubs have invested so much time in, thus saving themselves the hard work, and it looks like FIFA’s had enough.

So could we be seeing a full crackdown on the period of transfer excess and money-laden greed that has begun to dominate the game? Some other legal type, Adam Morallee, thinks so.

“Maybe this is a move by governing bodies to say that if you break the rules you will get slammed by a massive punishment. In terms of the impact on the game it seems a little harsh but when one looks at the wider issue of how people treat minors, FIFA and UEFA will say that this about the game and how we treat young players going forward.”

The question is, how deep down the rabbit hole will FIFA and UEFA go? Are they pursuing justice, or looking for creative ways to level the soccer playing field?

UPDATE: FIFA has said this morning that they have yet to receive a formal complaint from Le Havre regarding Pogba, but given the French club’s comments, I’d imagine it’s coming any day now. Just didn’t want to pull a Gaffer and proclaim something done when it’s not quite. (smiley face)



About the Author

James T





14 Comments


  1. The lesson here is clearly that s**tty Ligue 2 clubs are litigious concerning their youngsters.

    Also, I greatly appreciate the fact that academy players are referred to as “scholars”, although I believe they probably still get more schooling than your average American university “student-athlete”.


  2. phil

    Are they pursuing justice, or looking for creative ways to level the soccer playing field?

    I’m not sure these are mutually exclusive, LB. Can’t FIFA do both? In other words, it seems to me that the fortunate byproduct of FIFA “pursuing justice” is that the playing field may just become a little more level.


  3. Steve

    Don’t think I’m overreacting here, because in all likelihood these will come to nothing and the big clubs will win out again, but the ramifications for such punishment seem wide and far reaching. If you think about the biggest spending teams in the Prem., there really isn’t one that would be innocent in all matters. If even second tier teams Tottenham could be gone after by some of the Champ clubs for stealing guys like Bostock, then surely all of the top four are guilty. Seems to me like there is potential – still just potential, as I think nothing will come of all this – for a lot of teams to be punished.


  4. Lingering Bursitis

    Steve: it’s on this recent FIFA action that I find myself unfortunately siding with the Gooners a bit, as you very much get the impression this stuff will be applied unevenly and that they’ll target the biggest of the big.

    However, when you think about it, they’re the ones clearly profiting most off such chicanery, so why not take down the big fish first?

    Still, all of the Big 4 have to answer to this charge.

    The manner in which Arsenal landed Cesc was a little dubious, and LFC have plundered an ungodly number of teens for their current kick-ass academy/reserves.


  5. Lingering Bursitis

    But if it’s tapping up they’re after, then ‘Arry Redknapp deserves to be burnt at the stake. He’s the WORST when it comes to unsettling players.


  6. Georger

    If they wanted to go for the big dogs why did they take down Roma first?


  7. Steve

    @LB: Yeah I’m not sure if it’s the tapping up, or the trading in (stealing?) 16 year olds that they’re after. I think it’s probably the latter. And like you said, not a single big team would be innocent. Manure, LFC, Arsenal, Chelsea; even the second tier teams have a few dubious youngsters in their ranks. They’ll go after the big guys first, but what if Crystal Palace were to raise a claim against Tottenham (again)? Does FIFA listen to every single one of those claims?

    That said, I think signing 16 year olds, especially when they have to move countries (to me, it’s a little different when a kid moves from one London club to another, or even within the same country), needs to be reigned in.


  8. Lingering Bursitis

    @Georger: it’s called a “dry run”


  9. phil

    @ LB: I think it’s the signing 15 & 16 YO players that FIFA is after. Tapping up a player like Robbie Keane or CR is one thing; it’s a s**tty thing to do, but that’s the way of the world. The team that loses the player bitches, gets some sort of payoff, and goes on. But pinching kids from academies seems to me to be a bit different, and far more disruptive to the club than the loss of one big name player.


  10. @Georger – because clearly Philippe Mexes is a footballer of prodigious talent.

    @LB – one of the first things I think about whenever this topic is mentioned is how we came about “enticing” Cesc


  11. Lingering Bursitis

    @Phil: So Spurs will be in the s**t for Bostock, again?

    Chelsea also have to answer for Tom Taiwo and Michael Woods, pinched from Leeds. Citeh tried to steal Delph from Leeds a while back, but Villa went in appropriately for the midfielder and the Leeds chairman praised them for that.

    This is definitely a Pandora’s box that FIFA is opening.


  12. phil

    @ LB: they very well could be. I know Crystal Palace was very perturbed at the way the whole thing went down, and the only thing Spurs could lean on is that the men who did it, Comolli and Ramos, have both been sacked, and certain financial considerations have been paid to Palace. I doubt those excuses would hold water with FIFA, though, should Palace decide to pursue a claim.


  13. ian

    Is there a statute of limitations on this s**t?


  14. i think there might be something in the UEFA/FIFA regulations but I’m not looking for it.



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