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Arsenal win legal battle against FIFA over sell-on clauses

Arsenal have emerged victorious in a battle against FIFA at the Court of Arbitration for Sport.

According to Freddie Tayloran of tribalfootball, the Gunners were involved in a dispute with FIFA regarding sell-on clauses in recent transfers.

The north London club appealed a FIFA ruling in March that led to them receiving a £34,000 fine in July 2020.

FIFA felt Arsenal were using sell on clauses in transfers to gain an influence over other clubs.

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The issue for FIFA was Arsenal failing to declare sell on clauses in the Transfer Matching System.

However, Court of Arbitration for Sport ruled in Arsenal’s favour, saying Arsenal had no undue influence in moves such as Chuba Akpom signing for Greek team PAOK and winger Joel Campbell going to Italian side Frosinone.

The court said: “All in all, and based on the wording of the Sell-on Clauses and the circumstances of these particular transfers, the Panel on a balance of probabilities is not convinced that Arsenal, when entering into Contract 1 and/or Contract 2, acquired the ability to materially influence the other Clubs in employment and transfer-related matters, their policies or the performance of their teams.

“Moreover, and even if such influence was to be considered acquired when signing the respective contracts, quod non, the Panel finds, in these two transfers, that such influencer did not reach the required threshold to potentially unduly limit the independence of the Clubs.

“For the sake of good order, the Panel notes that, according to the information received during the hearing, the player Joel Campbell was in fact transferred to a club in the English Championship, which only supports the view of the Panel that no material limiting influence was ever acquired by Arsenal.

“Based on the above, the Panel finds that the Sell-on Clauses in the First Contract and in the Second Contract do not violate the prohibition set out in article 18bis of the Regulations.

“As such, the Appealed Decision should, therefore, be set aside and the sanctions imposed on Arsenal lifted as a consequence hereof.”

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