The Saga between Kylian Mbappé and PSG

The ongoing saga between Kylian Mbappé and Paris Saint-Germain (PSG) continues to deteriorate, with the French striker now officially on the market after the expiration of his contract extension clause. According to sports law specialist Thierry Granturco, PSG has already lost the battle with Mbappé.

The Options for Mbappé

As previously reported by France Info on July 21st, PSG, the reigning French champions, will now enter negotiations to sell their prized asset before the end of the transfer window on September 1st. PSG President Nasser Al-Khelaïfi made it clear on July 5th that if Mbappé wants to stay, he must sign a new contract. Al-Khelaïfi stated, "We cannot let the best player in the world leave for free, that's impossible." So, what are the options for Mbappé in the coming months?

Can PSG retain Kylian Mbappé against his will? Currently, the French forward is contracted with PSG until June 30th, 2024. However, he is currently excluded from the team's training camp in Asia. As Nasser Al-Khelaïfi previously stated, "Those who do not travel to Japan are not part of the club's plans." PSG is determined to avoid a scenario where Mbappé leaves without any financial compensation, especially considering they paid €180 million to sign him from AS Monaco in 2017. The only way to achieve this is to transfer him this summer for a transfer fee or to convince him to extend his contract.

Legal Implications and Mbappé's Future

However, the latter option seems unlikely now that Mbappé has not activated his contract clause, as he had already informed the club in July 2022. According to sports law attorney Thierry Granturco, "This clause was never binding anyway. In France, the Professional Football League considers any clause that has not been submitted and validated by them to have no regulatory value. All parties involved, both clubs and players, are aware of the non-binding nature of these clauses and still sign them as more of a moral commitment than a legal one."

Granturco further explains, "When you prevent a worker from working, they can terminate their contract." PSG is obligated to include Mbappé in their professional squad by September 2nd, as stated by the attorney, who is licensed in both Paris and Brussels. "If they fail to do so, the player can appeal to the LFP's legal commission, which would order the club to comply," he adds. Excluding a player from the professional squad is regulated and would not hold up for long. If PSG does not follow the LFP's decision, it could lead to a traditional legal procedure. The contract could be terminated solely due to the club's fault, and Mbappé would become completely free, which is what he is seeking.

Another legal avenue that does not bode well for a status quo throughout the season is the possibility of Mbappé appealing to football jurisdictions in addition to common law courts. Little-known in France, a provision in FIFA's regulations contradicts the idea of sidelining players. "It is rarely discussed in France because the LFP holds all the power and believes its rules are sufficient. Article 15 of the Regulations on the Status and Transfer of Players states that a player must participate in 10% of their club's official competition matches; otherwise, they are free at the end of the season. A player can be excluded by a coach for sporting reasons, such as being less competitive. However, this allows them to terminate their contract for just cause," explains attorney Thierry Granturco.

Words of the day

extension clause : clause de prolongation

transfer fee : frais de transfert