Could Manchester United chiefs sue? Lawyers explain how deals like the David De Gea transfer take place – and can fall apart
MANCHESTER UNITED AND REAL MADRID ARE ARGUING OVER THE FORMALITIES OF THE FAILED DEAL. SURELY FORMALITIES ARE JUST THAT?
Since 2002, in general, Fifa rules have restricted international transfers to two annual windows determined by each relevant football association. Crucially, one needs to look at the window of the buying club to determine whether a transfer can go ahead or not. In the case of de Gea, the misalignment of the English FA and RFEF (Spanish FA) transfer windows has stalled the deal.
Domestic transfers are a far simpler process, and deals in the final minute of the window are not uncommon for this reason. The English FA gives clubs an hour’s grace if they can prove that all terms have been agreed by registering a heads of terms document ahead of the deadline. But often no such grace is given by other football associations.
For all transfers, once a fee and the player’s personal terms have been agreed, all details relating to the transfer are submitted to the relevant football association to register them with their new club.
For international transfers, the administrative burden is greater. A buying club must ensure a player has the necessary work permits and obtain an International Transfer Certificate (ITC) from Fifa – usually a straightforward process, provided the buying and selling clubs are aligned on the deal. This has been further simplified by the introduction in 2010 of Fifa’s online Transfer Matching System (TMS).
Provided both clubs upload matching information to the TMS by the deadline, an ITC will be swiftly issued. The ITC confirms to everyone involved that the player is free to transfer and that the deal can be completed.
what’s next step the De Gea saga?
Real and United will hope to receive the authorities’ blessing to proceed, but precedent in Spain is not encouraging – Levante was unable to secure Brian Ruiz on loan from Fulham in similar circumstances in January. If United can show it was Real’s fault that the transfer didn’t conclude in time, they could seek damages from them, which, given de Gea could unilaterally sign a pre-contract with another club in January leaving United with nothing, could run into the tens of millions. If it turns out to be United’s fault, Madrid’s losses would be much harder to quantify.
Written by Marcus Pearl, Partner and Simon Leaf, Associate, from Berwin Leighton Paisner, both specialising in technology, media and telecommunications and sport.