Interviewed by SoFoot, Maître Jean-Jacques BERTRAND returns to the dispute between Kylian Mbappé and Paris Saint-Germain. This is an opportunity to recall the sporting, legal and judicial implications on the subject of the sidelining of professional football players by their clubs.
Cabinet BERTRAND and Maître Jean-Jacques BERTRAND thank SoFoot and Clément GAVARD for their request
Since Kylian Mbappé was sidelined from training in Asia by Paris Saint-Germain, all scenarios have been considered. The Parisian club even poses the threat of a blank season for its striker. But would this really be legally possible? There are precedents, and the case of Mbappé, if it were to continue, could change everything.
[extract]
Some extracts from the interview with Maître BERTRAND
Article 507 of the professional football charter,
« In this, the club is not reprehensible, even if it is limited, because we deviate a little from the spirit of the text which only speaks of sports management, explains Jean-Jacques Bertrand, lawyer specializing in sports law. sport which had defended Adrien Rabiot and Hatem Ben Arfa in their disputes with PSG. Mbappé, like dozens of other players, are what we call undesirables who we want to see leave. But it remains within the regulatory framework, we are not illegal. »
The previous Rabiot, Ben Arfa… and Trésor
« For Rabiot, I benefited from the declarations of Mr. Antero Henrique, then sports director, who had indicated publicly that he would not play without extending, recalls Me Jean-Jacques Bertrand. For Mbappé, I understand that it's the same thing. »
« The judge did not dare to go as far as he was asked, that is to say, to recognize the true obligations of a club within the framework of a contract with a professional player. This has not yet been the subject of a legal decision which reminds a club of its obligations. But one day or another, those who abuse this situation will be punished. »
The reintegration of Mbappé into the main professional group
« We have elements which would suggest that the club is not respecting its obligations. I am certain that Nasser al-Khelaïfi's statements could harm PSG. Anger is not the best advisor, and this would show that it is not the coach's choice. »
Sidelining, legal commission and moral harassment
« These are normal employees to whom normal labor law rules must be applied, specifies Me Jean-Jacques Bertrand. But the transfer market system completely pollutes a normal working relationship. The clubs would like to see them go beyond this general framework. »
« Mbappé has a worldwide reputation, concludes Me Bertrand. If he has to have a legal dispute, it will serve the cause of all footballers, that's obvious. »
The Professional Football Charter (CCNMF)
The Professional Football Charter, established in 1973, regulates the "relations between the French Football Federation or the Professional Football League on the one hand, the employer organizations concerned on the other hand and the employees in the football professions of the last go ".
