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Masterstroke or Legal Maneuver? The Battle Between Real Madrid and PSG for Mbappé

The Parisian team Paris Saint-Germain has been stirring up the football atmosphere amid the potential complaint it may file against Real Madrid regarding the signing of the famous French player, Kylian Mbappé.


Unofficial reports this month claim that Madrid has repeatedly hired Mbappé to negotiate his transfer to the team once he becomes a free agent, meaning when his current contract with PSG ends. Negotiations between clubs and players, also known as pre-contract agreements, are allowed by FIFA if conducted within the last 6 months of the player's current contract. Since Kylian Mbappé's contract with PSG ends in June 2024, negotiations with the player by other clubs would violate FIFA rules established in Article 18 of the Regulations on the Status and Transfer of Players, which state that clubs cannot contact players under contract with another club before the permitted time.

Over the years, the Apple vs Samsung case has been brought to courts in different countries, resulting in a lengthy and costly legal process. Judicial decisions have varied, with victories for both companies in different jurisdictions, such as the Supreme Court of the United States ruling that Samsung had to pay Apple $538.6 million dollars. The consequences of filing a formal complaint with FIFA could pose significant issues for Real Madrid, potentially leading to a substantial fine depending on the severity of the infringement and specific circumstances of the case, or even a ban on signing players for a certain period.

The legal implications, should PSG decide not only to file a complaint with FIFA but to pursue a formal lawsuit, can be analyzed from several perspectives. One aspect involves potential breach of contract, where PSG could argue that Kylian Mbappé still has a valid contract with the club and that Real Madrid is attempting to sign him without PSG's consent. Additionally, the Parisian club could allege that Real Madrid is interfering with the existing contract between the club and the player, which could constitute an unlawful act if not done within FIFA's permitted timeframe. Such a lawsuit could potentially lead to legal proceedings focusing on contractual obligations, interference with contractual relations, and violations of FIFA regulations. PSG may seek various remedies, including financial compensation for damages incurred due to the alleged interference or a request to FIFA for disciplinary action against Real Madrid, which could include fines or transfer bans. Navigating these legal complexities would require detailed examination of the contractual terms, timelines of player transfer negotiations, and adherence to FIFA's rules and regulations regarding player transfers and club conduct.

Additionally, PSG could argue that Real Madrid is engaging in unfair competition by attempting to sign Mbappé while he is still under contract. This could be related to practices that negatively impact the integrity of the game and fair competition among clubs, according to guidelines established by FIFA to which all clubs are subject.

Another interesting aspect in this potential lawsuit would be regarding jurisdiction and applicable law. FIFA has its own dispute resolution system and jurisdiction to address issues arising between players and clubs in football. This includes FIFA's Committees or the Dispute Resolution Chamber, which resolve relationships between players, clubs, and FIFA member associations concerning transfers, contracts, and other related matters.