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Chelsea transfer ban lifted by court of arbitration for sport
• Gaël Kakuta, Lens and Chelsea agree original deal was invalid
• Decision will be blow to Fifa's bid to get tough on contracts
Chelsea's Gaël Kakuta. Photograph: Joe Giddens/Empics Sport
The transfer ban imposed by Fifa on Chelsea over the transfer of the promising teenager Gaël Kakuta from Lens was today overturned on appeal. The court of arbitration for sport said Fifa's ban on Chelsea signing any new players until 2011 would be annulled after Kakuta, Lens and Chelsea all agreed that the players' contract with the French club was not valid.
"The CAS has noted that, in the agreement, the two clubs and the player have recognised that the contract between the two clubs and the player was not valid," CAS said. "Accordingly, the player could not have terminated it prematurely and without just cause."
"We are pleased to have come to an amicable resolution of the matter and that it has been ratified by CAS and recognised by Fifa," Bruce Buck, the Chelsea chairman, said. "It was always our intention to work together with Lens to reach this end, and both clubs have strengthened their relationship as a result of resolving this case to everyone's satisfaction.
"In an act of good faith and with a view to the possibility of future collaboration with Lens, and without recognising any liability, Chelsea has agreed to pay compensation costs for the training given to the player while at Lens, as mandated by Fifa in its original ruling." It is believe that the fee is consistent with the €910,000 (£790,000) that Chelsea and Kakuta were fined over the affair.
Chelsea's chief executive, Ron Gourlay, said: "Naturally, we are pleased Chelsea has been cleared of any wrongdoing and that the matter is now closed."
Last September, Fifa shocked Chelsea and sparked a wide-ranging debate on the global market in young talent by finding that Chelsea had illegally induced Kakuta to join the club in 2007. The promising attacking midfielder was banned for four months and Chelsea were forbidden from signing any players for two transfer windows, with Kakuta and the club fined a total of €910,000.
The sanctions were suspended while Chelsea appealed to CAS, meaning they would have been eligible to sign players in the January window. In the event, however, Carlo Ancelotti claimed he was happy with his squad and made no signings of note.
The decision will be seen as a blow to Fifa, which has been determined to get tough on the issue of players breaching their contracts, fearing that smaller clubs were not being properly compensated for youngsters that they may have developed. Kakuta was originally claimed to have a so-called "training contract" with Lens. As a 15-year-old he could not yet sign professional terms. The fact that CAS has found the training contract to be invalid could have wide-ranging implications.
At the time of the verdict, Chelsea said it was "totally disproportionate" and vowed to appeal "in the strongest terms possible".
Kakuta, now 18, also had his ban suspended while the appeal was heard. He has made four appearances for Chelsea this season after making his debut against Wolves at Stamford Bridge in November.
• Gaël Kakuta, Lens and Chelsea agree original deal was invalid
• Decision will be blow to Fifa's bid to get tough on contracts
Chelsea's Gaël Kakuta. Photograph: Joe Giddens/Empics Sport
The transfer ban imposed by Fifa on Chelsea over the transfer of the promising teenager Gaël Kakuta from Lens was today overturned on appeal. The court of arbitration for sport said Fifa's ban on Chelsea signing any new players until 2011 would be annulled after Kakuta, Lens and Chelsea all agreed that the players' contract with the French club was not valid.
"The CAS has noted that, in the agreement, the two clubs and the player have recognised that the contract between the two clubs and the player was not valid," CAS said. "Accordingly, the player could not have terminated it prematurely and without just cause."
"We are pleased to have come to an amicable resolution of the matter and that it has been ratified by CAS and recognised by Fifa," Bruce Buck, the Chelsea chairman, said. "It was always our intention to work together with Lens to reach this end, and both clubs have strengthened their relationship as a result of resolving this case to everyone's satisfaction.
"In an act of good faith and with a view to the possibility of future collaboration with Lens, and without recognising any liability, Chelsea has agreed to pay compensation costs for the training given to the player while at Lens, as mandated by Fifa in its original ruling." It is believe that the fee is consistent with the €910,000 (£790,000) that Chelsea and Kakuta were fined over the affair.
Chelsea's chief executive, Ron Gourlay, said: "Naturally, we are pleased Chelsea has been cleared of any wrongdoing and that the matter is now closed."
Last September, Fifa shocked Chelsea and sparked a wide-ranging debate on the global market in young talent by finding that Chelsea had illegally induced Kakuta to join the club in 2007. The promising attacking midfielder was banned for four months and Chelsea were forbidden from signing any players for two transfer windows, with Kakuta and the club fined a total of €910,000.
The sanctions were suspended while Chelsea appealed to CAS, meaning they would have been eligible to sign players in the January window. In the event, however, Carlo Ancelotti claimed he was happy with his squad and made no signings of note.
The decision will be seen as a blow to Fifa, which has been determined to get tough on the issue of players breaching their contracts, fearing that smaller clubs were not being properly compensated for youngsters that they may have developed. Kakuta was originally claimed to have a so-called "training contract" with Lens. As a 15-year-old he could not yet sign professional terms. The fact that CAS has found the training contract to be invalid could have wide-ranging implications.
At the time of the verdict, Chelsea said it was "totally disproportionate" and vowed to appeal "in the strongest terms possible".
Kakuta, now 18, also had his ban suspended while the appeal was heard. He has made four appearances for Chelsea this season after making his debut against Wolves at Stamford Bridge in November.
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