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Adrien Silva - Terms Agreed

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Just now, st albans fox said:

Is this true SV or just a wind up?

 

They wont like being pushed around and by the time the case is heard we would be in Jan with him gaining fitness 

 

It's not a wind up but I don't know if its true - it was actually translated from a vietnamese law blog / journal (don't ask....)

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2 minutes ago, murphy said:

I thought that FIFAs own rules mean that clubs sign that they can't take them to court?

That may well be - like I said I don't know if its true - just stumbled across it whilst preparing some background info on an unrelated topic for an individual.

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I'm at a legal conference in Prague currently and have spoken with a FIFA delegate about this.  His view is that the submission was not made in time and that there are therefore no grounds to appeal.

 

Late is late and the length of time in this case is immaterial.  Allowing this certificate would simple lead to and provide a precedent for other rule infringements which effectively would necessitate FIFA to consider the interpretation of their own rules.  This is something that they can and will avoid with the world cup looming.

 

The only way to approach this legally would be to look at European Employment Law, whereupon it could be argued that this type of restriction may constitute an infringement.  However, as they say, the devil is in the detail and there may be professional exemptions written into the current EU Employment statutes 

 

It should be noted that I am not a legal professional, but it was an interesting discussion with the FIFA delegate. 

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1 hour ago, SheppyFox said:

Well bored of this, may have to bid farewell to FT until January :(

Do go Sheps.   If this is in fact true it may be worth hanging around to see how the Club respond.

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23 minutes ago, ScotsFoxInTheBox said:

I'm at a legal conference in Prague currently and have spoken with a FIFA delegate about this.  His view is that the submission was not made in time and that there are therefore no grounds to appeal.

 

Late is late and the length of time in this case is immaterial.  Allowing this certificate would simple lead to and provide a precedent for other rule infringements which effectively would necessitate FIFA to consider the interpretation of their own rules.  This is something that they can and will avoid with the world cup looming.

 

The only way to approach this legally would be to look at European Employment Law, whereupon it could be argued that this type of restriction may constitute an infringement.  However, as they say, the devil is in the detail and there may be professional exemptions written into the current EU Employment statutes 

 

It should be noted that I am not a legal professional, but it was an interesting discussion with the FIFA delegate. 

It is the Club that are guilty here.  Surely FIFA cannot punish a player to this extent?   By all means wack the Club and put the fine on Rudder's personal Visa card.  CAS  may sort this out,  but any hearing will take place in February, 2018.

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41 minutes ago, ScotsFoxInTheBox said:

I'm at a legal conference in Prague currently and have spoken with a FIFA delegate about this.  His view is that the submission was not made in time and that there are therefore no grounds to appeal.

 

Late is late and the length of time in this case is immaterial.  Allowing this certificate would simple lead to and provide a precedent for other rule infringements which effectively would necessitate FIFA to consider the interpretation of their own rules.  This is something that they can and will avoid with the world cup looming.

 

The only way to approach this legally would be to look at European Employment Law, whereupon it could be argued that this type of restriction may constitute an infringement.  However, as they say, the devil is in the detail and there may be professional exemptions written into the current EU Employment statutes 

 

It should be noted that I am not a legal professional, but it was an interesting discussion with the FIFA delegate. 

Late is indeed late but ........

 

presumably any appeal would relate to the fact that transmission began before the deadline and the club is not responsible for transmission time - therefore the lateness becomes relevant in context that it is indeed seconds as might be expected 

 

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1 minute ago, st albans fox said:

Late is indeed late but ........

 

presumably any appeal would relate to the fact that transmission began before the deadline and the club is not responsible for transmission time - therefore the lateness becomes relevant in context that it is indeed seconds as might be expected 

 

The question of the transmission is an interesting one and from a legal standpoint, it depends on the medium used.  Indeed, in Law, fax documents can be used as evidence as they are time indexed and cannot be manipulated.  If the submission was made by email, then it can be reasonably assumed that there may be time variances, and I suspect we have all suffered from this.

 

The point is, at the end of the day, the request for the International Clearance Certificate (not the actual transfer) did not reach FIFA within their stated deadline.  The real question, and the seat of responsibility lies with those negotiating the deal with such a short time span.

 

In the end real loser here is the player and I firmly believe from my discussions is that we will see Silva in the new year!  

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37 minutes ago, st albans fox said:

 

Apparently tomorrow is Jewish new year 

 

we must be able to find a few more before January ! 

 

37 minutes ago, st albans fox said:

 

Apparently tomorrow is Jewish new year 

 

we must be able to find a few more before January ! 

Happy New Year Riyad for tonight.

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What I find hard to understand is the wall of silence from the club. Couldn't they at least let us know whether they have a lodged an appeal or not? There seems to be no logic behind it. Is it a sign of embarrassment that they have made such a massive error? Will anyone resign over it?

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10 minutes ago, Cramptonfox said:

What I find hard to understand is the wall of silence from the club. Couldn't they at least let us know whether they have a lodged an appeal or not? There seems to be no logic behind it. Is it a sign of embarrassment that they have made such a massive error? Will anyone resign over it?

I'm prepared to offer my resignation from FT over it...........

 

its a start !

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1 minute ago, Farrington fox said:

Football clubs are and always have been fairly secretive, never really understood why. 

Full of overpaid prima donnas that probably constantly cause private issues for their clubs, since the drinking culture in the 70s it's no great surprise clubs are secretive and hate press

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44 minutes ago, Cramptonfox said:

What I find hard to understand is the wall of silence from the club. Couldn't they at least let us know whether they have a lodged an appeal or not? There seems to be no logic behind it. Is it a sign of embarrassment that they have made such a massive error? Will anyone resign over it?

Well someone should fall on their sword over this, but the Club may go down the route of sweeping it all under the carpet and blame FIFA.  My hope is if we must wait until January, then there is a serious change in Recruitment and Scouting.

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