Getafe is sentenced to pay 600,000 euros to an intermediary for the transfer of Cabrera
Getafe will have to pay 600,000 euros to FJO. for the work he carried out as an intermediary in the transfer of footballer Leandro Daniel Cabrera to Espanyol in January 2020. The Madrid club refused to pay him this commission because they did not give him “any express instruction or order” to carry out the operation, but in a ruling to which El Confidencial has had access, the Provincial Court of Madrid reviews the contract that both parties signed in 2018 and rejects their arguments: “The intermediary did act following Getafe's instructions,” the magistrates conclude.
The controversy dates back to July 31, 2028, when Getafe signed with FJO. a “contract for the sale of federative rights” by Leandro Cabrera. The club had just signed the defender from the Italian team Crotone for 800,000 euros, but from the first moment they hired FJO. “for advice and promotion of the future sale and/or transfer of the player to third-party football clubs, regardless of the contracting method”. A year and a half later, in January 2020, Espanyol paid the nine million euros in which the termination clause for Cabrera and FJO was set.. claimed his share of the profits.
To avoid payment, the Madrid club alleged that it had not fulfilled “the contractual obligations”. Among other reasons, because he also acted as an intermediary for Espanyol, which they considered a clear “conflict of interest” and an “unfair exercise.”. “Neither the president of Getafe nor any person responsible for Getafe, with sufficient power in said club, transmitted to the intermediary at any time (specifically January 2020) any express instructions or orders, in the sense that he search or find a third party. “club interested in acquiring the player's federative rights via payment of the termination clause”.
The case ended up going to court and, on November 17, 2021, the Court of First Instance number 8 of Madrid agreed with FJO: “I must and do condemn the defendant to pay the plaintiff the amount of 600,000 euros plus the taxes legally applicable for this purpose (VAT less withholding) in respect of fees pending payment derived from the sales contract, plus interest of five percent (5%) annually from January 21, 2020 until the effective date of payment “the judge ordered. Not satisfied with this decision, Getafe appealed, but the Provincial Court of Madrid has once again ruled in favor of FJO.
According to the magistrates, Getafe “granted full exclusivity to the intermediary regarding the services commissioned”, but in no case did it agree that “he could not contact other clubs”. In fact, it granted him broad powers, to the point of allowing him to “carry out as many legal transactions, acts and commercial operations as are necessary to carry out the sale and/or transfer to a third party.”. In view of this agreement, FJO. he limited himself to fulfilling the contract: “It is clear that he achieved the goal pursued by Getafe by ensuring that, through a third party, the termination clause was paid by which the appellant obtained a profit of 8,200,000 euros”.
Regarding the fact that FJO. had undertaken to keep Getafe “reasonably informed” about its efforts, the Provincial Court of Madrid considers that it did not breach this requirement either.. The intermediary did not have to notify them about their relationship with Espanyol as they were “two different and complementary operations”, and “it is evident that in this type of contracting confidentiality and caution are essential in order to avoid unwanted leaks”.
If Getafe had renewed the player's contract “with the improvement of his professional conditions, and/or by increasing the termination clause”, the analysis would be “different”. However, the Madrid club did not carry out any movement in this regard and, therefore, “what remained was the contractually expressed intention to assign and/or sell the player's rights, including the possibility of terminating the employment contract. “.
The Court thus maintains the previous sentence and forces him to pay the 600,000 euros, although according to legal sources, Getafe has already appealed the sentence and the Supreme Court will have the last word..