The Chronicle is saying today that reports in Spain are suggesting Real Mallorca will be claiming Â£12M from Jonas Gutierrez.
Jonas Gutierrez – looks like we may have got a great deal on the player
This follows comments made to the press today by the clubâ€™s Sporting Director Nando Pons.
The claim comes after the Jonas Gutierrez legally bought his way out of his contract, by activating Article 17 of the FIFA transfer regulations.
That article allows players under the age of 28 to buy out the remainder of their current contracts, as long as they have served at least 3 years of the contract.
Mallorca’s Sporting Director Nando Pons said today:
â€œWe have claimed 15M euro (about Â£12M) for the unilateral termination of the contract “without just cause.â€™”
â€œMallorca will defend their interests.â€
We assume the article allows a player to terminate his contract for any reason, so we’re not sure what legal precedent the Mallorca club have on their side with all of this.
But it’s also clear they’ve lost out big time on the transfer, because Jonas was essentially a free agent, and all Mallorca got for the transfer was the remaining amount on his contract, which we don’t think was very much.
Last year offers from Portsmouth and other clubs for the Argentine were in the region ofÂ Â£10M, but Mallorca will have received only peanuts from Newcastle, compared to that amount.
One of our readers, Shaun, sent us an informative email this morning, and said the Mallorca club are only entitled to the residual value of the contract.
That was the ruling of the Court of Abritation, and although FIFA didn’t agree with it – that is nevertheless the precedent in cases like this, and of course the cost of buying themselves out is the outstanding wages due to them, in the existing contract.
So if Jonas was on say Â£15K/week that would be about Â£780K he would have to pay Mallorca for each year left on his contract. If that’s one year that’s Â£780K Gutierrez would have to pay Mallorca to leave, and even if it’s 2 years, that’s still only Â£1.56M.
A lot less than Â£10M, so it’s not surprising that Mallorca are suing the player,Â and trying to get as much additional compensation as they can. But we think Jonas is completely in his rights, from how we understand the law, and would certainly have been given lots of legal help from lawyers assisting Newcastle United.
Newcastle would presumably pay Â£780K back to player to compensate him, and also some signing on fee presumably, which could be hefty.
And the silly thing here is that the player doesn’t really pay up his contract, but the purchasing club do (Newcastle in this case).
So it looks like Newcastle didn’t pay much at all for the player, and it seems a great deal for Newcastle, but not so good for Mallorca.
Gutierrez will make his Newcastle debut against either PSV Eindhoven or Valencia at St. James’ Park, in the pre-season friendlies on August 6th and 9th respectively.Â Hopefully, quite a few other players will also be on show for the first time during those home games.
Jonas will have a long summer rest period following Argentinaâ€™s summer World Cup qualifiers, and he will therefore miss the Multi Media Sports Cup tournament at his old club Real Mallorca from August 1st-3rd. Maybe that isn’t bad news to him, after all.