Chelsea win Kakuta case to overturn transfer ban

Fifa embarrassed in Swiss court as Chelsea pay just £793,000 'goodwill gesture' to Lens for young striker

Caption competition
Caption competition
View past winners of our Sports caption competition
News in pictures
News in pictures
On Facebook
Sport blogs

Rugby League: World Club Challenge raises profits, and eyebrows

After 40-odd years of watching and writing about this game, I thought I had my eyebrows under contro...

iBet: AC Milan’s lead at the top looks temporary

Juventus lost the lead of Serie A in Italy at the weekend by virtue of their game with Bologne being...

Financial strife fails to dim smiles at high-flying Rayo Vallecano

This is a club that, despite all it's off-the-field financial problems, is currently flourishing in ...

Chelsea were celebrating what they regarded as a major legal victory last night when it emerged that they will have to pay only £793,000 for teenage French striker Gaël Kakuta and have had their transfer embargo lifted by a Swiss court.

The victory in the Kakuta saga, which had initially threatened to result in Chelsea being banned for two transfer windows, was a major blow for Fifa, the world governing body, which brought the case. Last night, Fifa refused to comment on the decision by the Court of Arbitration in Sport (CAS) in Switzerland and will make an official response this morning.

Kakuta's original club Lens saw their case fall apart when they could not produce the professional contract that would have given them a claim over the France youth international, now 18. They had originally demanded £5m after Kakuta joined Chelsea in April 2007 against their wishes, but their failure to provide the necessary contract meant that they were liable for nothing more than a nominal compensation payment.

Accordingly, Chelsea could have paid much less than the £793,000 they gave Lens but they judged that a goodwill payment would mean that they could still do business with the French club in the future.

The total was a combination of the two financial penalties that Fifa imposed on Chelsea in its original sanction in September. Then Fifa fined Chelsea around £113,000 for "inducement [of Kakuta] to breach of contract" and they fined Kakuta, who was just 15 when he left Lens, £680,000 – as well as imposing a transfer embargo for two windows on the club.

Chelsea said last night that they accepted the financial sanction and that they believed it was a "fair figure". Sources at the club said that they had been confident of the verdict for some time and as a result have not been concerned about not buying any players during the transfer window last month, as their manager, Carlo Ancelotti, said would be the case.

They had one bid for Jack Rodwell, of Everton, turned down and made enquiries about Sergio Aguero, of Atletico Madrid, and Ajax's Luis Suarez. However, they felt they were being quoted inflated prices because the selling clubs believed that Chelsea were desperate because of the possibility of the transfer embargo.

In November, Chelsea successfully applied to have the embargo suspended for the January window while they appealed to the CAS. The court in Lausanne is the agreed adjudicator on any Fifa dispute and the governing body does not have leave to appeal.

The ruling has major implications for the raiding of teenage talent from smaller European teams by Premier League clubs. The Kakuta case was supposed to be the benchmark case for Fifa but instead has become an embarrassing failure, especially given Lens' inability to produce a contract.

The Chelsea chairman, Bruce Buck, said that the club had effectively made the payment as a matter of goodwill and was not admitting having broken any rules. He said: "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. It was always our intention to work together with Lens to reach this end. 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."

Kakuta was also banned for four months in the original Fifa ruling, a sanction which was suspended in November. The 18-year-old has not played for Chelsea's senior team since a 16-minute substitute's appearance in 5-0 home win over Watford in the FA Cup third round on 3 January. However, sources at the club last night said that was unrelated to the CAS decision.

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

No secularism please, we're British

No secularism please, we're British

Arguments about the role of religion in national life have recently acquired a new urgency
Harold Tillman: 'Chinese tourists can save the high street – if we let them'

Harold Tillman interview

'Chinese tourists can save the high street – if we let them'
Working as a jail torturer ruined my life

Working as a jail torturer ruined my life

Meet the former soldier who has joined the political prisoners he tortured in Turkey's Mamak prison by suing the generals who led a regime of terror
The local high street jet shop

The local high street jet shop

Got a spare $50m and can't stand the queues at Heathrow? Get yourself down to London's first private plane dealership
Do you like your doctor? It could be the death of you

Do you like your doctor?

It could be the death of you...
The mysterious affair of how Agatha Christie is teaching foreigners English

How Agatha Christie is teaching foreigners English

Twenty of the author's novels have been adapted and presented with learning notes and a CD
Six Grammys, five years off: Adele puts love before career

Six Grammys, five years off

Adele puts love before career
The 10 Best binoculars

The 10 Best binoculars

From no-frills to bins with digital cameras
Milan for £300

Milan for £300?

A cultural family holiday - on a budget - to Italy's most stylish city
'Black-hole' resorts: Turn up, tune out, log off

'Black-hole' resorts

Turn up, tune out, log off
New Arsenal face an old question of credibility in San Siro

New Arsenal face an old question of credibility in San Siro

Remodelled since winning in Milan in 2008, for all their consistency – and prize-money – Wenger's side are yet to claim a European title
James Lawton: This prodigal son deserves no forgiveness

James Lawton: This prodigal son deserves no forgiveness

City would be putting their desire to win title ahead of morals if Tevez plays for them
Mark Cavendish: Is Olympic gold at end of the rainbow?

Mark Cavendish interview

Is Olympic gold at end of the rainbow?
Apple admits it has a human rights problem

Apple admits it has a human rights problem

After years of complaints and workers' suicides in China the technology giant faces up to the human cost of its gadgets
Peter Moore: 'I feel guilty I'm the only one alive'

Peter Moore interview

'I feel guilty I'm the only one alive'