The controversy started as a result of the decision of

Leo Messi

to communicate through burofax, at the end of August, his will to terminate the employment contract concluded with Barcelona, ​​as a professional athlete, on the basis of a supposedly extinct power granted by one of the clauses incorporated by the parties to said contract, and according to which, and according to what was published in the media, Mr. Messi could dissociate himself from his contractual relationship with FC Barcelona, ​​which initially extended until June 30, 2021, communicating his will to the said club before June 10, 2020, raises a controversy of great legal and media interest due to the notoriety that the transcendence of said decision has had in public opinion and not only in the field of the Barcelona club.

From a strictly legal point of view, the controversy that arises from this unilateral decision of the footballer is determined by the fact that, as FC Barcelona has understood that the contract signed between both parties continues in force, given that the application of the clause contractual agreement on which Mr. Messi based his termination decision, established that said unilateral power of the footballer should be exercised and notified at the latest or in advance of June 10, 2020, if an agreement is not reached between the parties, it will be resolved in court with the interpretation that the corresponding Social Court could make of the disputed clause and the entire contract and especially of the so-called "termination clause".

In such a way that, and without prejudice to the possibility that the national or international Organizations that govern professional football, could provide the footballer, on a provisional basis, with an authorization (transfer) for the processing of the license that would allow Mr. Messi develop his professional activity in another club or sports corporation, either in our country or outside of it, while the legal dispute is resolved, in my opinion if from the literality of the contractual clause in which Mr. Messi has founded its extinctive communication, it was deduced that said communication, in order to have the extinction effects intended by him, would have to have been made before June 10, 2020, the communication made by Mr. Messi, by burofax in August 2020, it could be considered untimely, and therefore, in that case, the validity of the employment contract would be maintained.

In that case, it would also have the additional consequence that the so-called rescission clause would come into play - established in this case in the contract by the parties apparently in the amount of 700 million euros - and whose regulation also includes art .

16 of RD 1006/1985, of June 26, which regulates the special employment relationship of professional athletes, in the case of termination of the contract at the will of the athlete, without cause attributable to the club, with the possibility of being estimated the claim, which in that case FC Barcelona, ​​would surely have to file before the Social Court if the footballer had terminated his contract, said footballer could be sentenced as the main responsible party, and, in a subsidiary way, the club or entity that hired their services within a year from the termination of the contract at the request of the footballer.

And all this without prejudice to the discussion that could also be raised in the course of the aforementioned judicial procedure, on the agreed amount of the termination clause, which, in principle and, also in my opinion and except in exceptional circumstances, the aforementioned agreement between the parties on the judicial criterion, unless by the Judge it is understood that said amount could be abusive and set another depending on the circumstances of a sports nature, damage that has been caused to the entity, reasons for rupture and other elements that the judge considers estimable.

Therefore, and in my opinion, the risk that a judicial resolution entails, as all of a priori uncertain outcome, for the interests of both parties would advise a consensual solution that could satisfy the interests of both parties.

José Luis Fraile Quinzaños is a partner at Sagardoy Abogados.

According to the criteria of The Trust Project

Know more

  • sports

  • First division

  • soccer

LaLiga Santander 2019 - 2020 Better an agreement than a trial for Barcelona and Leo Messi

LaLiga Santander 2019 - 2020The trigger for the call to Luis Suárez

LaLiga Santander 2019 - 2020Leo Messi: Farewell rotten to an era

See links of interest

  • Last minute

  • Spanish translator

  • Programming

  • 2020 calendar

  • Horoscope today

  • League classification

  • Santander League Calendar

  • Movies Today

  • Topics

  • Germany - Spain, live

  • Stage 7: Millau - Lavaur, live