League say no as Tevez tries to cancel contract

Paul Kelso
Wednesday July 11, 2007

Guardian
Manchester United's pursuit of Carlos Tevez edged closer to the courts last night after the Premier League rejected an attempt by MSI, the offshore company that brought the player to the Premiership, to cancel his registration with West Ham United. The Premier League also rejected a personal letter from Tevez in which he notified them that he was terminating his contract with the London club.

The Premier League refused to allow both Tevez's letter and MSI's request on the grounds that it does not consider that MSI have any rights over the player's registration, having been informed by West Ham that the club has torn up its agreements with MSI. Last Thursday the league ruled that Tevez could not join Manchester United unless West Ham received any transfer fee in full.

The moves by MSI to free up the player to join United came as it emerged that the Old Trafford hierarchy has ruled out paying West Ham anything for the player as they do not consider that the London club are his owners.

United's position, established after talks with MSI, who own Tevez's commercial rights, directly contradicts the Premier League's view. United are satisfied however that West Ham have no rights over Tevez and Old Trafford has been in negotiations with MSI's front man, Kia Joorabchian, over a two-year loan deal that would include a right to buy the player for a pre-arranged fee during that period. United also think that Tevez's registration will transfer to them as they believe that technically the Argentinian forward is a free-agent.

United's stance threatens to undermine the agreement reached between the Premier League and West Ham in April after the club was found guilty of breaking rules governing third-party agreements. On the morning after West Ham were fined £5m for breaching regulation U18 the Premier League board informed West Ham that Tevez could continue playing for them if the offending contract, between West Ham and MSI, was unilaterally terminated by the club.

West Ham are bound by undertakings given in a letter to the Premier League following the ruling in which they said the contract with MSI had been terminated. The league also made it clear that it has power of veto over any transfer, and that it would only accept a commercially realistic transfer fee for the player. The league will also not wave through any deal in which Joorabchian was the primary beneficiary. Were they to allow any such deal, or for the transfer to take place without West Ham's approval, it would make a mockery of the assertion that the third-party agreement with MSI was terminated.

In order for the Premier League's ruling to hold water West Ham have to demonstrate that they own the player, exercising their rights by acting as the selling club. Last night a West Ham source insisted that it had received no offer from Manchester United, and until it did Tevez would remain their player.

This leaves legal action in either the civil courts or the Court of Arbitration for sport as the the most likely resolution to the deadlock, and the escape route that would allow all parties to retire satisfied.

If, say, the CAS were to assert MSI's rights to receive a fee for Tevez the Premier League would have little choice but to allow the deal to proceed, but would be seen to have defended the integrity of its regulations. West Ham, who had not expected a transfer feel before the league's intervention, would also be happy with such an outcome.

FFS. We should just take it to court. I don't see how the league could win, but it would take ages.

The Premier League also rejected a personal letter from Tevez in which he notified them that he was terminating his contract with the London club.

Dear Premier League,

Carlitos does not want to play for shitty 'Ammers any more. He must play for the Red Devils of Manchester. He no longer have contract with West Ham.

Mama Tevez x

So they can cancel Mascherano's registration without any problems at all, but now we're interested it's a whole different story. The league £#%&!ed this up because they have no £#%&!ing balls, and now we're paying for it. As usual

Originally Posted by TreeFiddy

Dear Premier League,

Carlitos does not want to play for shitty 'Ammers any more. He must play for the Red Devils of Manchester. He no longer have contract with West Ham.

Mama Tevez x

I didn't know he was pretending to be Italian

Italian? Because of mama?

In Desperate Housewives, the Hispanic bloke calls his mother Mama Solis. I therefore concluded that mama was an acceptable term to use. I think it's acceptable.

It wasn't that. Was just the way it looked like it was written by Mario

Made me laugh, by the way. Good work

The idea the PL are trying to pass off that you can unilaterally cancel a contract between 2 parties and somehow gain control of an asset for free in doing so is ridiculous. Honestly how on earth has anybody taken this seriously and do the PL really think this has a hope in hell of standing up in court? It's idiotic. The fact that they only have to think back to their own actions with the dippers to show how idiotic anly makes it more farcical.

A good point made in here :-

http://news.bbc.co.uk/sport1/hi/foot...td/6290492.stm

It is believed some of those involved in the negotiations believe the Premier League can no longer act as independent arbiter in the case.

That means Tevez's representatives are set to request help from the FA and Fifa - the two bodies who oversee transfers at a domestic and international level.


How can the PL act as arbiter in a case that is likely to prejudice a court case involving themselves.

Originally Posted by antonin jablonsky

The idea the PL are trying to pass off that you can unilaterally cancel a contract between 2 parties and somehow gain control of an asset for free in doing so is ridiculous. Honestly how on earth has anybody taken this seriously and do the PL really think this has a hope in hell of standing up in court? It's idiotic. The fact that they only have to think back to their own actions with the dippers to show how idiotic anly makes it more farcical.

Couldn't have put it better myself. The behaviour of the Premier League regarding this matter is a complete £#%&!ing joke.

Hang on, let's see if I've got this right.

West Ham had a contract with MSI regarding Tevez's ownership, so they sent a fax to MSI saying they were canceling their contract unilaterally, got no response from MSI saying that they accepted this and the Premier League said, "Right, that's done, no more contract."

Tevez has a contract with West Ham regarding his ownership, he sent them a letter saying he was canceling his contract unilaterally and the Premier League say "You can't do that"

Am I missing something here

Originally Posted by red red robbo

Hang on, let's see if I've got this right.

West Ham had a contract with MSI regarding Tevez's ownership, so they sent a fax to MSI saying they were canceling their contract unilaterally, got no response from MSI saying that they accepted this and the Premier League said, "Right, that's done, no more contract."

Tevez has a contract with West Ham regarding his ownership, he sent them a letter saying he was canceling his contract unilaterally and the Premier League say "You can't do that"

Am I missing something here

It aint even that complicated, West Ham never hads a contract regarding his ownership but only his registration to play in the PL. That's how ridiculous the PL's position is.

This £#%&!er will drag & drag till the last night of the window...& the outcome will be a toss of the coin.
Certianly don't expect to see Tevez in the shirt for the first couple of games.

West Ham did not pay a transfer fee for Tevez..How the £#%&! can they claim ownership??
£#%&!ing arrogant, dodgy @#%&!s.

The silence is deafening over the Mascherano business. It's as if that didn't happen. £#%&!ing one rule for us & one for every £#%&!er else.


Incidentally, if we'd bothered to turn up on the last day of last season we could have sent those snivelling cockney bastards down into the £#%&!ing Championship.

Originally Posted by MJ Ramone

This £#%&!er will drag & drag till the last night of the window...& the outcome will be a toss of the coin.
.

Right and wrong, it will drag but the outcome isn't in doubt, West Ham and the PL don't have a legal leg to stand on and any court case will prove that.

Originally Posted by antonin jablonsky

A good point made in here :-

http://news.bbc.co.uk/sport1/hi/foot...td/6290492.stm

It is believed some of those involved in the negotiations believe the Premier League can no longer act as independent arbiter in the case.

That means Tevez's representatives are set to request help from the FA and Fifa - the two bodies who oversee transfers at a domestic and international level.


How can the PL act as arbiter in a case that is likely to prejudice a court case involving themselves.

that's how i have read it..

United have cleverly and quite rightly said publicly that the have followed the blue print of the Mascherano -> Vermin deal and "what is the problem?"

The PL are probably having severe twitchy bum time with regards to what the implications are of United signing Tevez and the whole Shef U, Hammers spat, you can bet the Blades board and legal advisors are watching every move.

Originally Posted by MJ Ramone

This £#%&!er will drag & drag till the last night of the window...& the outcome will be a toss of the coin.
Certianly don't expect to see Tevez in the shirt for the first couple of games.

.

do you not understand what has is happening here?

Originally Posted by violater

do you not understand what has is heppening here?

Sue and destroy. Both of them.

If it goes through without West Ham getting anything, surely they have to be relegated?

so, in effect, the pl want west ham paid 25 million for fielding an ineligible player that cost them nothing and that they never owned.

Originally Posted by bored

so, in effect, the pl want west ham paid 25 million for fielding an ineligible player that cost them nothing and that they never owned.

yep. nft.