Transfer Deadline Day..

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Expat-Cat said:
Actually, this is a lot more complicated, but how much of that complication surfaces depends (of course) on how much M'Villa and Ruban Kazan want to push it.

Remember the Bosman case? One of the main legal rights at the base of that judgement is the right of EU individuals to work; that includes not just the immediate right but also relates to actions that impair future work capabilities and opportunities.

So let's take a possible circumstance. RK tell JM-V that he is under contract and may not interact with SAFC (or any other football club). JM-V than asks to train with the full squad and be considered for team selection. RK say no, we don't want you in the main squad. J-MV then asks how he can train, but as he isn't playing he probably can't get a visa. RK say just sit down and we keep paying. At this point RK hold the contract and player registration but are acting in a way that adversely affects JM-V's right to work now and, due to lack of fitness and playing opportunity, damage his future career and earnings.

So IF JM-V wanted to risk the remaining payments he is due, he could challenge the contract (ask for it to be terminated) and
  • demand that UEFA end his registration with RK. He could of course still sue RK for the contract value.
  • OR leave the contract but ask UEFA for permission to train with a team to maintain his right to work etc.
Unless RK can argue that JM-V has broken his contract before this in some way, then they may find it hard to impose "unreasonable" limitations on JM-V's actions. And of course it also depends on legal opinions about the transfer fee demanded i.e. is that also unreasonable.

There are a lot of other possible circumstances that we don't know about, but the situation is not clear cut based only on the existing contract and player registration.
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To be honest mate, I don't care about 'possible' circumstances, or what might happen if you sit and over think this whole thing.

I was just stating that if he goes AWOL, under contract, chances are he'll land himself in hot water, that's what usually happens.

You've just made a tale of assumptions and stuff up that are completely unfounded.
 
SAFC Nacho said:
Catts is usually too modest to score goals but it was his nan's birthday so he thought he'd make an exception and get one for her:

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Did the referees try to disallow the goal and piss on his nan's birthday cake?
 
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Notorious T.E.L said:
To be honest mate, I don't care about 'possible' circumstances, or what might happen if you sit and over think this whole thing.

I was just stating that if he goes AWOL, under contract, chances are he'll land himself in hot water, that's what usually happens.

You've just made a tale of assumptions and stuff up that are completely unfounded.
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No, you just made assumptions and invented circumstances. If he just turns up at the AoL, then things will be awkward. But that is vanishingly unlikely. There are however likely circumstances that could lead to him at least being allowed to train. With legal and actual precedents; Alvarez is allowed to play for a 3rd club while 2 other clubs argue over an existing registration and transfer:emoticon-0125-mmm:
You accused someone of not "thinking it through", but that applies to you as well.
 
Expat-Cat said:
Actually, this is a lot more complicated, but how much of that complication surfaces depends (of course) on how much M'Villa and Ruban Kazan want to push it.

Remember the Bosman case? One of the main legal rights at the base of that judgement is the right of EU individuals to work; that includes not just the immediate right but also relates to actions that impair future work capabilities and opportunities.

So let's take a possible circumstance. RK tell JM-V that he is under contract and may not interact with SAFC (or any other football club). JM-V than asks to train with the full squad and be considered for team selection. RK say no, we don't want you in the main squad. J-MV then asks how he can train, but as he isn't playing he probably can't get a visa. RK say just sit down and we keep paying. At this point RK hold the contract and player registration but are acting in a way that adversely affects JM-V's right to work now and, due to lack of fitness and playing opportunity, damage his future career and earnings.

So IF JM-V wanted to risk the remaining payments he is due, he could challenge the contract (ask for it to be terminated) and
  • demand that UEFA end his registration with RK. He could of course still sue RK for the contract value.
  • OR leave the contract but ask UEFA for permission to train with a team to maintain his right to work etc.
Unless RK can argue that JM-V has broken his contract before this in some way, then they may find it hard to impose "unreasonable" limitations on JM-V's actions. And of course it also depends on legal opinions about the transfer fee demanded i.e. is that also unreasonable.

There are a lot of other possible circumstances that we don't know about, but the situation is not clear cut based only on the existing contract and player registration.
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M'Vila's employer have nothing to do with the EU.
 
Lostinvegas said:
Mika the keeper or whatever he is called, that we signed last minute. Or have I missed something.

You can jig the team around to your taste, but that's who Moyes has to work with till jan.
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Mika didn't sign. We didn't get the paperwork through on time.

I know that is the players Moyes has to work with until January.
 
Washysafc said:
What are the rules about signing a player who has bought out his contract?

If we get past the end of the window and Yann buys out his contract at £100k a week it would cost about £1.5million, give him that as a signing bonus, can. Still sign him next week as he would be a free agent. If so common sense says we wait.
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Just checked the rules and we can not do this. The player must be a free agent before the window closes. So January it is.
 
Expat-Cat said:
No, you just made assumptions and invented circumstances. If he just turns up at the AoL, then things will be awkward. But that is vanishingly unlikely. There are however likely circumstances that could lead to him at least being allowed to train. With legal and actual precedents; Alvarez is allowed to play for a 3rd club while 2 other clubs argue over an existing registration and transfer:emoticon-0125-mmm:
You accused someone of not "thinking it through", but that applies to you as well.
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You're using other examples relating to players who are not even remotely in a similar situation to M'Vila.

M'Vila is under contract, in the last 4 months of his contract, with a club and has not stated any intent to remain in London/UK anywhere, it's all ridiculous.

Carry on talking utter waffle, I'm not reading any more, all I said was that he PROBABLY won't be training with Sunderland and when prompted for a good reason as to why he wouldn't I said because he's under contract with another club and usually, if a club owns a player who goes AWOL, they'll fine him, or sue him, like Tevez got from City.

I'm applying basic logic not stupid little scenarios.
 
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Safc83 said:
M'Vila's employer have nothing to do with the EU.
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True, but UEFA do. That is why the Bosman ruling applies to RK as well, UEFA have to comply with EU law and make sure all the dealings they preside over comply as well
 
Its on the BBC website that we have appealed to FIFA over the goalkeeper cock up last night.

We are claiming the Portugese screwed up the paperwork at their end stopping the deal going through,

Its something I suppose
 
cumbrianmackem said:
Its on the BBC website that we have appealed to FIFA over the goalkeeper cock up last night.

We are claiming the Portugese screwed up the paperwork at their end stopping the deal going through,

Its something I suppose
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That shouldn't give us any right to appeal :huh:

We have also contradicted ourselves with the statement we released, if this report from the BBC is to be believed.

A Sunderland statement read: “Despite the best endeavours of both clubs, a deal has not been completed for the transfer of Mika Domingues from Boavista to Sunderland AFC.”

<doh>
 
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