Last Friday, September 09, 2022, Rosalía Ortega intervened in “El Partido de la Una” of Telemadrid where she shed more light with total neutrality on the case that is gaining notoriety after the closing of this transfer market: the Griezmann case.
Before getting into the matter, we must understand,
What’s going on?
In recent days it has transcended through the various media the alleged intention of FC Barcelona to file a claim for an alleged breach of contract by Atletico de Madrid of one of the clauses within the transfer contract of Antoine Griezmann.
The alleged clause in question translates into 40 million euros that Atletico de Madrid must pay to FC Barcelona, in the event that the player participates in 80% of the available minutes of the matches played.
According to different media reports, FC Barcelona alleges that such condition was fulfilled during the 2021-2022 season, and on the other hand, Atlético de Madrid alleges that such condition will be fulfilled at the end of such contract, i.e. in June 2023.
It should be recalled that Antoine Griezmann was loaned in the last breath of the 2021 summer market by an FC Barcelona in dire need of reducing its swollen payroll. Antoine Griezmann is currently registered on loan at Atletico de Madrid.
During her intervention, Rosalia stressed that, first of all, “we do not have the entire contract, which is essential” to be able to understand all the legal aspects of this case as to whether there is a possibility that FC Barcelona could indeed denounce a fraud of law in the application of the existing contract with Atletico de Madrid, however, we highlight the following:
- We are dealing with a civil or commercial agreement based on an employment relationship that of course has the player’s consent.
- The right to sporting occupation or “right to play“, is a very special and specific right, whose essence is not to harm the player, and it is where Atlético de Madrid could have a little weakness, however, the jurisprudence in Spain has always established that the right to play is maintained only if the player is training and in the first team. That is to say, it is entirely up to the coach who, due to exclusively sporting circumstances, does not admit the player.
- In any case, the player would have the greatest vulnerability, since the statements made by the technical director of Atlético de Madrid, in which he confirms that he is “a club man“, could let us read between the lines other circumstances that could imply a prejudice in labor matters for the player, without leaving aside the burden of proof that would be essential to confirm such prejudice.
- If what transpires is real, there would be no breach by Atlético de Madrid with respect to FC Barcelona. In other words, the clause is so vulnerable for FC Barcelona, but it is typical. FC Barcelona cannot decide how much the player plays, as it is a technical decision or must be technical and sporting.
Do you want to listen to the full interview, click on the following link from minute 11!!!!!
