The renowned sports lawyer Thomas Summerer (62) has criticized the actions of the players in the transfer vortex about world footballer Robert Lewandowski. In a survey, the majority of fans are against staying.
The situation is clear for Thomas Summerer. “The club can insist on contract fulfillment. That’s how Oliver Kahn’s ‘Basta’ power word is to be understood. Some players still have to learn loyalty and contract loyalty. A professional contract is not a one-way street. Players cannot cash in like professionals and behave like amateurs,” said Summerer of the “German Press Agency”.
“Contracts with a fixed term must be observed”
Despite the current contract, Lewandowski wants to switch to FC Barcelona until 2023. The Munich-based CEO Kahn has so far ruled out a release. Statements by Lewandowski that his story with Bayern is over or that he cannot imagine further cooperation are “an absolute no-go,” said Summerer. “This statement, which was also repeated by his advisor, is a clear crossing of boundaries and the threat of a breach of contract.”
A club doesn’t have to put up with something like that. “In such a case, a club can demand a cease-and-desist declaration from the player and a commitment to compliance with the contract, if necessary also in summary proceedings before the Munich Regional Court,” said Summerer, President of the German Association for Sports Law.
“The legal situation is crystal clear: According to FC Bayern Munich, Lewandowski has a fixed-term employment contract until mid-2023. In the absence of an exit clause, he has to fulfill this without ifs or buts,” said the lawyer. “Contracts with a fixed term must be observed, that’s an iron principle in German law. That’s why no player can force a change, certainly not through a strike. If he doesn’t show up for training or if he violates the instructions of his coach, he’s threatened with a warning and a reduction in salary . If he plays badly on purpose, he harms himself and his reputation.”
According to a survey, 41 percent for approval
On the other hand, according to a survey, many Germans would like FC Bayern Munich to agree to an early transfer of the top scorer. This is the result of a survey by YouGov pollsters on behalf of the “Deutsche Presse-Agentur”. Accordingly, 41 percent of those surveyed spoke out in favor of a premature change of Poles, around a third answered “don’t know” or gave “no answer”. Only 24 percent are of the opinion that Munich should insist on the fulfillment of the contract.
The transfer poker around Lewandowski has been going on for months. The world footballer, who has a contract in Munich until the summer of 2023, wants to leave the Bundesliga club for FC Barcelona. So far, the Munich club bosses around CEO Oliver Kahn have insisted on compliance with the employment contract. According to media reports, Bayern have rejected all previous offers from the Catalans, who are said to have recently offered a transfer fee of 40 million euros and bonus payments of five million euros.
From 2001 to 2007, Summerer was Director of Legal Affairs and Human Resources at the German Football League and, as General Counsel, built up the legal department there. His advice in the Lewandowski case: “Maintain loyalty to the contract, especially to the player. And cool down.”