Chelsea banter 24615

 

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30 May 2018 14:51:04
City closing in on double deal, €60m Mahrez snd €48m Jorginho.
Chelsea waiting til tomorrow apparently to get Sarri for free? If that's true?

Agree1 Disagree0

30 May 2018 16:48:32
Yeh City are doing business sharpish as usual.

Where did you get that Chelsea will get Sarri for free mate?

30 May 2018 17:37:31
A couple of comments suggesting Conte might be staying. That will set the comments on fire!

30 May 2018 12:34:30
we probably were not interested in either player anyway so makes no difference who city sign to us. im sure sarri has his own list of players. plus why pay 7 million when he's free from tomorow.

30 May 2018 20:04:24
And if conte is to stay then we need to back him. But we neee to get ready for overhaul and big year ahead, not messin about with managers while rivals strengthen.

30 May 2018 22:03:59
We have done all the groundwork for our new signings apparently just waiting for new manager.

31 May 2018 00:15:26
After tomorrow Sarri will NOT become “free”
Any release fee then becomes negotiable. It could well be more than the reported €8mil.

30 May 2018 20:03:28
I read ( might be completely wrong ) but his fee expires on certain date which Chelsea are waiting for? Ed’s will know?

{Ed001's Note - I have no idea about that sorry. It really is too complex to just say he is 'free'. With him being replaced, if they do not allow him to leave, he could probably argue that it is a restraint of trade or simply resign.}

30 May 2018 23:29:16
Maybe one the Ed’s can clarify the Sarri contract and the above claim that he is “free tomorrow”.
I’m not an Italian contractual employment lawyer but as I understand the release clause, reported to be €8mil ends tomorrow.
What this means is that after tomorrow Napoli can then demand any amount they want to secure the contractual release of Sarri.
It could well be that the cost to Chelsea after tomorrow will increase NOT decrease.
In the U. K a case of constructive dismissal could be argued as Napoli have employed Carlo but I’m not sure such a legal argument is valid under Italian law but it may well be under European law.

{Ed001's Note - under European law he would almost certainly (similar to how the Bosman case worked) be able to argue it is a restraint of trade to lock him to the company which has replaced him. How that would affect any fee they ask is difficult to say. Release clauses are not legally binding when it comes to English teams anyway, so are pretty much irrelevant. The club could choose to ignore it.}

31 May 2018 12:46:47
Thanks for your input Ed.

{Ed001's Note - it is a really difficult situation, and he is not really going to want to take it to CAS and potentially lose years of his career in court. And you are very welcome.}

31 May 2018 14:53:04
There is a similar case of contractual law on the record although not involving football clubs.
It all got very messy with one side seeking to be released from their contract, siting restraint of trade and constructive dismissal and the other side claiming enducement to breach a contract.
The case lasted about a year and the individuals concerned couldn’t work until after the judgment.

{Ed001's Note - exactly, it is not what anyone wants.}







 

 

 
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