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Media & Entertainment Law

: Sports Biz

Clubs Can Keep Players from Olympics

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In a potentially far reaching decision, the Court of Arbitration for Sport handed down a ruling in favor of the clubs in the seemingly never ending battle between clubs and FIFA. This time, it was a battle over the services of Argentinian wunderkind Lionel Messi, whom Barcelona did not want to release to play in the Olympics. FIFA maintains that any under 23 year old player must be released by his club, since the Olympics is a FIFA approved and sanctioned tournament.

The Court's ruling found that FIFA had failed to put the Olympics on the official match calendar, giving the clubs (the case also involved German clubs Schalke and Werder Bremen and the Brazilians Rafinha and Diego) the right to withold their players. FIFA complained that it would ruin the Olympics but both German clubs said that they would not recall their players from the Games. Barca allowed Messi to play and this morning he scored a goal for Argentina in its 2-1 win over the Cote d' Ivoire. See Messi and Argentina in action from this morning here

The ramifications of this decision can be far reaching however. The tension between club and country does not exist solely at the highest level of world soccer. The battles exist between the NBA and national teams all over the world, including Team USA, which, incidentally is essentially run by the NBA. The biggest concern most clubs have is the potential for injury to their star players while the player is off performing for his country. That injury may devastate the club and the club will receive no compensation for it. Imagine if you will that, God forbid, Lebron James is injured in the gold medal game and is put on the shelf for the season. The Cleveland Cavaliers have no recourse for the millions and millions of dollars lost because LeBron will not be in the building in uniform and on the court. Sure, his salary may be, and I emphasize, may be covered by insurance but that insurance will not cover the club's lost profits due to his absence. It's no wonder Mark Cuban is so reluctant to see Nowitzki suit up for Germany or Ginobili for Argentina. This decision will only cause him to lose more sleep on the few nights that worrying over his bid for the Cubs doesn't keep him up.

Full post as published by Sports Biz on August 07, 2008 (boomark / email).

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