Munich – For Robert Lewandowski (33), the topic of Bayern Munich seems to be finally over. With statements such as “Can not imagine further cooperation”, the Polish world footballer seems to want to further the immediate separation from his current employer.
Does Lewandowski resort to Fifa paragraph 17?
But the Bayern managers around the chairman Oliver Kahn do not want to release their goal ace in any case and insist on the fulfillment of Lewandowski’s contract, which is still valid until the summer of 2023.
But in order to push through his move to FC Barcelona this summer, Robert Lewandowski could now pull a card out of his sleeve that no well-known professional player has yet dared to play: paragraph 17 of the Fifa statutes.
This legal device allows players a special right of termination and states that player contracts can be concluded for a maximum of five years and can be unilaterally terminated by players after the age of 28 after three years and by older players after two years. Lewandowski meets these requirements and could use this legal remedy for himself without having to face a ban.
So far, Paragraph 17 has attracted little international attention
Fifa introduced this paragraph in 2005 under pressure from the EU Commission. So far, Clause 17 has attracted little international attention, as it has since been used only by a few and rather lesser-known players to sue their way out of a current contract.
Bayern is no stranger to this legal remedy. When Bayern star and crowd favorite Franck Ribery once flirted with a move to Real Madrid, the German record champion already had to deal with paragraph 17 of the Fifa statutes.
Uli Hoeneß, then Bayern manager and now honorary president, said at the time: “Paragraph 17 in its current form is a joke. So far, none of the big clubs has ever pulled Paragraph 17. And if any of the big ones try to pull it, all hell will break loose. I wouldn’t advise that to any club in the world.” In 2009, Bayern even made proposals to Fifa to have the controversial paragraph changed.
Will Lewandowski even get permission to play in Spain?
So, in purely legal terms, Lewandowski would definitely have the option of suing his way out of his contract, which runs until the end of June 2023, early. But do he and his advisor Pina Zahavi really want to take this step?
Apparently, there seems to be a kind of “gentlemen’s agreement” among Europe’s top clubs, according to which the big clubs do not snatch players away from each other in this legal way. And in the case of Lewandowski and FC Barcelona, it is very difficult to imagine that the Catalans will actually play this trump card. Especially since it would not cast a good light on either the player or the club, and the Spaniards would permanently damage their relationship with FC Bayern.
Especially since it would not even be certain at the highly indebted FC Barcelona whether Lewandowski would even receive permission to play from the Spanish league in the event of an early transfer. Thus, Liga president Javier Tebas stressed on Tuesday at an event of the Spanish news agency Europa Press that Barcelona “as of today” could not yet sign the 33-year-old Pole because of the financial constraints.
In order to finance expensive transfers and, most importantly, comply with league-wide rules on total salaries, the Catalans must first get some players off their payroll by June 30 and sell assets to generate revenue.
Barcelona looks set to make massive cuts to player salaries
In addition, according to “Deportes Cuatro”, the Spanish top club is reportedly planning to cut the salaries of Barca captains (Busquets, Piqué and Jordi Alba) by 50 percent. “Mundo Deportivo” has even heard that this measure will affect all Barca professionals, including the German national keeper Marc-André ter Stegen.
The only exceptions are the players who have recently extended their contracts (Ansu Fati, Pedri and Araujo) or have only signed with the Catalans in the winter and thus already have adjusted salaries.
Robert Lewandowski’s signing could therefore certainly lead to envy and conflict within the team under these conditions, with a rumored annual salary of 30 million euros.
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