FC Barcelona target Julian Alvarez can exploit a legal loophole and cancel his Atletico Madrid contract in order to join the Catalans.
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FC Barcelona target Julian Alvarez can exploit a legal loophole and cancel his Atletico Madrid contract in order to join the Catalans.
As explained by Mundo Deportivo, FIFA will be pretty much powerless to intervene in a dispute between the two clubs over the Argentine.
Instead, Spanish legal frameworks will apply. The Royal Decree 1006/1985 pertains to professional athletes in Spain, and would first point to Alvarez’s $568 million (€500 million) release clause.
Players have to pay the clauses personally in Spain, or at least deliver the money attached to them to La Liga’s offices.
Yet Article 16 throws up another potential scenario. It states that “the termination of the contract by the will of the professional athlete, without cause attributable to the club, will give the club, where appropriate, the right to compensation that, in the absence of an agreement in this regard, will be set by the labor jurisdiction based on the circumstances of a sporting nature, damage caused to the entity, reasons for the breakup and other elements that the player considers estimable.”
In layman’s terms, this means that Alvarez can unilaterally break his contract with Atletico Madrid, which expires in mid-2030, and later sign for FC Barcelona without having paid the clause or any transfer fee.
The courts would then decide the corresponding compensation that the Catalans must hand over to the Rojiblancos. Previous $116 million (€100 million) bids from Barça, and a $175 million (€150 million) offer from Real Madrid, are potential reference points.
Alvarez has publicly declared his wish to join FC Barcelona
Interviewed after his appearance in a 2-0 World Cup group stage win for champions Argentina over Austria, Alvarez publicly stated his wishes to ESPN.
“The truth is that I don’t know,” Alvarez first said regarding his future.
“I don’t think it’s the time to talk, but I can’t hide either. I try to be an honest person. I spoke to the people at the club, who I had to talk to. I think the best thing for everyone is a transfer and I want to fulfill my dream,” Alvarez added.
That dream is believed to be a move to the Spotify Camp Nou, with photos of Alvarez wearing Blaugrana kits as a child not hard to find across the internet.
As Robert Lewandowski is set to leave Hansi Flick’s squad when his contract expires in under a week, Julian Alvarez is FC Barcelona’s top target to inherit the Pole’s number 9 shirt while having reportedly agreed a five-year deal.
This article was originally published on Forbes.com
