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Olympique Marseilles are reported to be a bit peeved that Arsenal gave a full debut to new signing Mathieu Flamini, in the Premiership opener at Goodison on Sunday.
The 20 year old came off the bench halfway through the second half, which came as a suprise to OM because, as predicted , they're not too happy that Arsenal nicked him from under their noses and
they thought that there were still matters to sort out before he could play for us. Flamini left OM because, he said, they had shown no real desire to hang onto him. Hmmmm. The fact that Arsenal came looking may also have been a factor, n'est pas?
Arsène Wenger has a terrific record of poaching youngsters from continental clubs, particularly French ones. It goes back to Nic Anelka and David Grondin, and it was (one presumes) largely thanks to Le Boss's efforts that the French government brought in new laws to try to stop it (see NewsReel report from February 1999). This included a law saying that players at French youth academies have to sign their first professional contract with the club that trained them, and it is this law that OM say Arsenal have contravened.
It's not clear to us if it's a national law or a French Football Federation one, but either way it is also not clear how Arsenal can be bound by it since they're not French (well, not technically). Perhaps the rule just prevents other French clubs from poaching such players (and hence only helps Arsenal to do so). Also, you'd have to suspect that enforcing the rule might breach some sort of European employment law.
The technique involves simply waiting till a young player is ready to sign a pro contract, and stepping in to offer him one. More recently it's worked with Cesc Fabregas and Arturo Lupoli. Given that the Bosman ruling allows players who have been contracted to be completely free agents when the contract runs out, it's hard to see how clubs like Marseilles can prevent players who have never had such a contract from being free agents too. But, let's be honest, one can see why they're pissed off.
Anyway, OM are said to have reported Arsenal to the FFF (?!) and were expecting FIFA to come in to resolve the issue. But Arsenal were last week given clearance to play Flamini. OM will be seeking clairification from FIFA and the upshot hopefully be a swift and fair resolution of the matter of compensation.
I don't like saying this but perhaps Arsenal's alleged "holier than thou" attitude with regard to Real's alleged tapping-up of Vieira needs to be taken with a pinch of salt. Sure, Arsenal may manage to stay a bit more the right side of the laws, but it's not clear that we're exactly occupying the moral high ground so much as a slightly less deep moral dip? Not, let me make it clear, that I am complaining about a policy that gets us the likes of Anelka and Cesc.
Rupe adds...
Apparently,
FIFA have confirmed that they're ok with Flamini's move, and have told the FFF to hand over his registration. A FIFA bloke said, "The player took advantage of an education within a French club but the player was not bound by a work convention." But OM president Christophe Bouchet says, "The decision from Fifa ridicules all rightful principles and even their own regulations. This decision was taken by the legal department of Fifa but they cannot rule, however, on this type of question." He is taking the matter to the "Arbitration Court for Sport" (an EU thing, presumably...?)
Rupe adds...
Ok, according to a knowledgeable anaonymous correspondent, the the contract binding Flamini and OM was technically not a employment contract,
but an educational one, because clubs in the top 2 French divisions can get educational status. In French law, if the club offers a professional contract, the apprentice MUST
accept the contract. If he refuses, the club is due compensation covering at least the cost of
education. As no other French clubs can offer a professional contract to a apprentice
of another club
without his club first releasing him, there is no poaching between French
clubs. Despite being French law, the system is not recognised by FIFA. Our correspondent confirms that OM are basically haggling for compo. This goes on a lot but the Flamini case is a particularly high profile one (even for Arsenal) because he was older than most and already considered a future French international.
OM only have themselves to blame. They weren't using Flamini but refused his request to be loaned out. They also thought that only lesser clubs (without European chances) were interested and so they wouldn't have to offer him much to tempt him to stay. They counted without the degree to which they had pissed him off, and also without the effectiveness of Arsenal's scouting system.
Incidentally, we got Clichy when Cannes were relegated and lost their educational status.
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