Given the situation surrounding the Julián Álvarez matter and the conflict between Atlético de Madrid and FC Barcelona, it appears that the Argentine footballer has only one possible solution left. Yesterday in Monaco, it became clear that an agreement between the clubs is impossible. The option Julián can hold on to, as we already reported in MD on June 24, is to terminate his contract unilaterally. He can do so under Spain’s existing Royal Decree 1006, which regulates the employment relationship of professional athletes. FIFA cannot intervene because it has no jurisdiction, as both clubs are from the same country.
Both footballers and other athletes who have this professional status in Spain are governed by this Royal Decree. According to it, and considering the current situation of confrontation, Julián’s only remaining option would be to unilaterally terminate his contract with Atlético de Madrid under its protection. Specifically, Article 16 states the following:
“The termination of the contract by the will of the professional athlete, without any cause attributable to the club, shall grant the club the right, where applicable, to compensation which, in the absence of an agreement on the matter, shall be determined by the labor courts based on sporting circumstances, the damage caused to the organization, the reasons for the termination, and other elements that the player considers relevant.”
If he chooses this route, the courts will decide the amount with which the Argentine would have to compensate Atlético de Madrid for breaking his current contract. However, that amount would have to be paid by FC Barcelona as the subsidiary party responsible, depending on the remaining years of the contract and the player’s €490 million release clause. This is stated in point two of the same Article 16:
“In the event that the athlete, within one year from the date of termination, contracts his services with another club or sporting organization, the latter shall be subsidiarily responsible for the payment of the aforementioned financial obligations.”
The amount would never be the €490 million release clause that the player has in his contract with Atlético de Madrid. In addition, ordinary courts consider such clauses to be abusive when applied against players by clubs. It should also be taken into account that the player’s contract runs until 2030 and that he earns around €12.5 million gross per year (approximately €6.2 million net).