18 Jul 2021 15:23:53
Hi Ed002,

I am very interested in the ‘profiteering’ aspect of extending players contracts (Pogba). I have tried finding information on this profiteering but am struggling. I have used the chat panel and understand the concept now but was looking to be pointed towards where it is written down and case law on it. Any chance you could help?

{Ed002's Note - It is covered by FIFA guidance baseed on abousing any of the five criteria for UCEs identified by Portmann, specifically that the player can never be at the mercy of the club regarding the content of the employment contract - meaning that there can be no unilateral contract extension for the purpose of profiteering from a sale rather than have him play for longer at the club. The case law existsmainly under Swiss Law in CAS and there are other examples in specific countries elsewhere. Reciprocal and bi-lateral agreements (such as one agreed between Chelsea and Giroud a couple of months ago) are excluded from the issue.}

1.) 19 Jul 2021
19 Jul 2021 01:17:28
Just a follow up ed002, in Giroud’s case that means the entire transfer fee goes to Chelsea?
I do find it strange that a club and unilaterally extend w contact. Is it possible for it to be the other way around and a player trigger their one year extension? (I doubt it but it’s just a thought)

{Ed002's Note - No and no.}