Even though it’s obviously Newcastle United who are most worried about Sandro Tonali’s suspension, there’s a reason why the Italian media continues to dig into this story.
The local press isn’t only interested in the player’s betting, but also in the possibility of a penalty AC Milan may get.
TuttoMercatoWeb today features an interview with Ludovic Delechat, who’s a former deputy head of legal at FIFA, specialising in sports rights. They asked whether Newcastle can take legal action against Milan and stop paying the upcoming instalments for this transfer.
“If it turns out that Milan had knowledge of Tonali’s gambling addiction or of the investigation conducted by the Italian authorities, legal questions arise. Most transfer agreements include guarantees relating to the health and behavior of a player. Milan’s knowledge of Tonali’s problems could be considered a violation, making them potentially liable for compensation,” Delechat told TuttoMercatoWeb.
“However, proving such knowledge is very complicated and I don’t think Milan risk anything in this matter. Any claim would require substantial evidence to satisfy the burden of proof in a court of law or arbitration action. Newcastle’s case would depend on proving that Milan had sufficient knowledge of Tonali’s gambling addiction or related investigations. So you can expect that Newcastle will have to pay the remaining amount of the transfer in accordance with the agreements in force.”
For those curious whether Newcastle will need to pay Tonali’s salary during the suspension, Delechat talks a little about that.
“It is logical to question whether Newcastle should pay Tonali his full salary during his disqualification, as he will not provide services to the club. Football clubs have disciplinary options, including fines, but there are restrictions on the severity of fines. Fines exceeding two weeks of the player’s basic salary require the approval of the Professional Footballer’s Association, with a strict maximum limit of six weeks’ salary. Despite any disciplinary action, Tonali is likely to receive his full salary during the disqualification.”
TuttoMercatoWeb also wanted to know if Newcastle could terminate Tonali’s contract if they wish, even though it’s obvious they wouldn’t do so.
“Although theoretically Newcastle could terminate Tonali’s contract, there are financial, commercial and social considerations that mean Newcastle should not terminate Tonali’s contract for misconduct. From a financial point of view, they would still have to pay Milan the remaining part of the transfer fee and would also lose the value that Tonali was expected to bring to the club during his five-year contract. From a social point of view, the termination of the contract based on Tonali’s gambling could alienate fans who show sympathy for his situation.”
Tonali’s contract with Newcastle runs until 2028, so there’s no way the Magpies will be giving up on him after spending so much on his transfer. But it’s clear the Italian media is worried about any backlash towards Milan for the midfielder’s case.
