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The Transfer Ban


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Fifa’sdecision to ban Chelsea from registering new players in the next twotransfer windows has sent shockwaves through the football world. Theruling stems from a contractual dispute opposing RC Lens to Frenchplayer Gael Kakuta and his club Chelsea FC. Lens lodged a claim withFIFA seeking compensation for a breach of contract from the playerKakuta. The French club were also seeking sanctions to be imposed onChelsea for inducement to breach contract.

The Dispute Resolution Chamber (DRC) found that Kakuta had indeedbreached a contract signed with his club, and that Chelsea FC hadinduced the player to proceed with such a breach.

As a result Gael Kakuta has been prohibited from officialcompetition for 4 months and ordered to pay compensation to Lens in theamount of $780 000. Chelsea have been banned from registering any newplayers, either nationally or internationally, for the next twoconsecutive transfer windows. Furthermore, the London club have to paytraining compensation to RC Lens in the amount of $130 00.

THE MURKY WATERS OF TRANSFER DEALINGS

It seems likely that FIFA have decided to make an example of Chelseain this case and demonstrate just how seriously they are dealing withthe issue of contract breach. “Tapping up” has been a contentious issuein recent years, with both Arsene Wenger and Alex Ferguson attractingcriticism for their policy of cherry-picking the top young talent inEurope in recent years . FIFA expect the ruling to act as a seriousdeterrent to clubs embarking on shady transfer deals, and could becomethe landmark ruling for all cases in this field.

This decision is by no means the first ruling to make a seriousimpact on the transfer market. In 1995 the European Court of Justicemade the decision to allow professional footballers in the EuropeanUnion to move freely to another club at the end of their contract withtheir present team. The Bosman ruling, as it became known, is nowcrucial to contract negotiations and transfer dealings in the footballworld.

In 2005, Article 17 of FIFA’s Regulations for the Status andTransfer of Players was brought into effect. The ‘Webster’ clauseallowed any player who signed a contract before the age of 28 to buyhimself out of that contract three years after the deal was signed; aruling that was used by Jonas Gutierrez before his transfer toNewcastle United. FIFA will hope the Kakuta ruling will force clubs toadhere more closely to rules regarding unlawful contact with playersunder contract, and that the threat of expulsion from the transfermarket will provide sufficient warning.

THE CONSEQUENCES FOR Chelsea

The issue of whether Chelsea will be able to remain competitive inboth domestic and European competition will no doubt come underscrutiny in the coming days. Carlo Ancelotti may well have beenplanning to bolster his squad in the January transfer window. WithDidier Drogba, John Obi Mkel, Michael Essien and Salomon Kalou alllikely to feature in the African Cup of Nations after Christmas, theChelsea hierarchy will be anxious to commence the appeal process andhope the sentence can be overturned, or at least reduced. Will Chelsea be able to compete in all competitions without any additions to their squad until 2011?

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How is it overreacting we're been treated so unfairly!

Excuse me. CJ Revo's post is an absolute overreaction, and i'd hope you wouldn't advocate the post.

It appears as if we've been treated unfairly, and our strong appeal should have good grounds.

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Excuse me. CJ Revo's post is an absolute overreaction, and i'd hope you wouldn't advocate the post.

It appears as if we've been treated unfairly, and our strong appeal should have good grounds.

You are not on this forum enough to judge how people react, thats how cj is, if you dont like it dont comment because its people like you who start arguments.

Edited by STEV3O
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You are not on this forum enough to judge how people react, thats how cj is, if you dont like it dont comment because its people like you who start arguments.

Indeed. That's a moderators job, and i'm expecting them to see the post was way over the top. His first statement, well I don't even want to go there in terms of an overreaction, it's a disgraceful comment. Start an arguement? It's people like me who are trying to put things into perspective, and it seems as if everyone else is content on showing pure anger and hatred through swearing, which over an internet forum, isn't very adult.

You made it sound like we were over reacting by being angry.

Well anger is a slight over reaction to the story, and i'd at least expect for people to compose themselves, and write something intelligent, rather than just fuming with swear words on a forum.

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We've been banned from making any signings for 18 months, We have an already ageing squad

Are you expecting us to jump for joy?

We're lodging an appeal, and a very strong one by the sounds of it. I don't really want to comment on the length of the ban just at the moment, because it could very well be significantly reduced following an appeal.

I'm not jumping for joy, no one connected to Chelsea is and certainly not us supporters, but some of the comments have been over-reactions, especially CJ's.

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We're lodging an appeal, and a very strong one by the sounds of it. I don't really want to comment on the length of the ban just at the moment, because it could very well be significantly reduced following an appeal.

I'm not jumping for joy, no one connected to Chelsea is and certainly not us supporters, but some of the comments have been over-reactions, especially CJ's.

I think he has right to make the reaction what he wants, Who are you to say he's overreacting?

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I think he has right to make the reaction what he wants, Who are you to say he's overreacting?

When it gets to the stage where CJ-Revo says he wants to "kill" someone over a FOOTBALL ruling, it's fair to say he's over-reacting. Don't you?

Edited by Cameron
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Well anger is a slight over reaction to the story, and i'd at least expect for people to compose themselves, and write something intelligent, rather than just fuming with swear words on a forum.

Anger is not an overreaction at all this is totally unfair what has been done to the club, Chelsea are victimised so much more than any other club.

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Indeed. That's a moderators job, and i'm expecting them to see the post was way over the top. His first statement, well I don't even want to go there in terms of an overreaction, it's a disgraceful comment. Start an arguement? It's people like me who are trying to put things into perspective, and it seems as if everyone else is content on showing pure anger and hatred through swearing, which over an internet forum, isn't very adult.

Well anger is a slight over reaction to the story, and i'd at least expect for people to compose themselves, and write something intelligent, rather than just fuming with swear words on a forum.

Stop your flame bait please, or very least for the sake of ChelseaFC.

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When it gets to the stage where CJ-Revo says he wants to "kill" someone over a FOOTBALL ruling, it's fair to say he's over-reacting. Don't you?

Because he thinks someone is against his football club, No, I don't think its overreacting.

Football isn't a matter of life and death, Its much more important than that.

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There is an over reaction for Sure. And a hypocrisy is blatant.

Kakuta has been asked to pay 700000pounds along with the Club is unfair for breaking the contract. But Mutu being asked to pay 14m is FAIR? Fair or NOt if you breach a Code or Contract You Pay, I dont care if its my Club player or someone else.

I dont have a problem with this ruling by FIFA unless FIFA has started to crack down on other clubs as well.

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Because he thinks someone is against his football club, No, I don't think its overreacting.

Football isn't a matter of life and death, Its much more important than that.

Shocking is all I can say. Shocking reply.

Edited by Cameron
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My only concern next year is Bosingwa or Ivanovic moving from Chelsea.

We may have pissed Bosingwa off this summer by putting him as a Bait for the Ribery Transfer when Bosingwa clearly didnt want to leave.

Next season he may show us the "Bird" and ask for a transfer to Bayern.

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