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Al Hilal cannot take Joao Cancelo to FIFA without proving contractual breach

Published: 3 weeks ago
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Turki Al-Shammari, a legal expert, says Joao Cancelo’s continued absence from Al Hilal’s training camp does not automatically give the Saudi club grounds to take the player to FIFA or terminate his contract.

The Portuguese defender has missed Al Hilal’s pre-season camp in Austria, with reports suggesting he wants to return to Barcelona on a permanent basis. Al Hilal, however, are insisting on a fee of 15m euros before agreeing to sell his contract, while negotiations between the two clubs remain ongoing.

Al-Shammari told Okaz newspaper that Cancelo’s absence alone would not be enough to establish a contractual violation that could justify ending the agreement or seeking compensation.

He said Al Hilal would first have to show that Cancelo had been formally informed of the date on which he was expected to join the camp. The club would also need to demonstrate that he failed to attend without permission or a legally valid explanation.

Before escalating the matter, Al Hilal would be expected to send official notices instructing the player to return, Al-Shammari added.

The club could initially impose disciplinary measures provided for in the contract, including a warning, a fine or a financial deduction. Cancelo would also have to be given a full opportunity to explain his position and defend himself.

If the absence continued despite the formal notifications, the situation could eventually be regarded as a fundamental breach of contract. That could allow Al Hilal to end the relationship with the player on legitimate grounds, according to Al-Shammari.

The lawyer said the club would only be able to approach FIFA’s Dispute Resolution Chamber after completing the required legal procedures. At that stage, Al Hilal could ask FIFA to confirm that any termination of the contract was lawful and seek compensation for the losses it claimed to have suffered.

Sporting sanctions could also be imposed on Cancelo if it were established that the breach occurred during the contract’s protected period, Al-Shammari said.

He stressed that Al Hilal’s legal position would not be strengthened simply by media reports or by evidence that the player had missed training. Instead, the club would need to prepare a complete legal file containing the contract, formal correspondence, warnings and all other evidence showing that the absence was deliberate rather than the result of an unexpected circumstance.

The issue comes as Al Hilal continue to deal with uncertainty over Cancelo’s future. The club are holding to their 15m euros valuation, while Barcelona remain involved in discussions over a permanent return for the player.

The developments also come amid wider transfer activity at Al Hilal, with Malcom preparing to leave the club in anticipation of an expected deal.

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