Mbappé able to claim a breach of contract?

The case of the fake Twitter accounts mentioned by Mediapart this Wednesday could have big consequences if proven. The contract between Paris-Saint-Germain and Kylian Mbappé could be broken in particular. Explanations.

Could Mediapart’s revelations about PSG and its alleged “digital army” allow Kylian Mbappé to break free from his contract? As published today, the French international striker, like his entourage, has grown following the publication of the Mediapart inquiries Wednesday, feeling, a little more, betrayed by a club that has not already kept its summer promises.

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If the published elements prove to be true, the Parisian number 7 could then free himself from his contract with PSG. “Each of the parties bound by an employment contract is subject to an obligation of loyalty which is equivalent to the obligation of good faith present in all contracts”, begins Tatiana Vassine, a lawyer specializing in sports law. This obligation requires the employee, like the employer, to fulfill their mutual obligations fairly and obviously without harming the other. “

A lack of loyalty?

However, the use of these accounts, if exploited by the club to damage the player’s image, would represent a violation of loyalty. “Professional footballers are bound to their club by a fixed-term employment contract, recalls the lawyer. This type of contract can only be broken in specific cases such as gross negligence. For example, it has been maintained in cases of physical violence, verbal or abuse of freedom of expression. If it were ascertained and attributable to the employer, then to the club, it would in my opinion be sufficiently serious to justify a breach of contract.

The Paris-Saint-Germain would therefore be “the obligation to pay the employee all wages due until the expiry of the contract”. A contract that Kylian Mbappé has extended until 2024 plus an optional year.

It remains to be seen who will decide on the nature of the fault. “In the event of a dispute, it would be up to bodies such as the labor court or the legal commission of the LFP to decide on this point in the light of the elements that appear in the file. They are the ones who have the last word”, explains Me Tatiana Vassina. In the event of termination of the contract, Paris-Saint-Germain may however contest a serious breach of the contract.

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