Legal expert outlines exception that Aston Villa can rely on in Brian Madjo appeal
Villa News has reached out to legal experts to see where Aston Villa could have a leg up in their Brian Madjo appeal.
The 17-year-old is a massively exciting prospect in B6 having signed for £11million in January.
His move from Metz took many by surprise, but there was certainly plenty of intrigue.
However, the striker has been unable to feature in claret and blue as FIFA blocked him from doing so.
That has been the talking point of the summer, but there could be light at the end of the tunnel for Villa and Madjo.
Aston Villa have one hope in Brian Madjo appeal
The number nine has seriously caught the eye of the Villa Park faithful in the opening friendly outings of the summer.
His three goals in as many games has been tied in with some terrific overall performances.
That has ramped up questions about the CAS appeal after FIFA rejected his registration due to Article 19 of their regulations.
The Villans have since submitted an appeal to CAS with the hope of allowing the attacker to feature in competitive fixtures sooner than his 18th birthday.
Yunus Lunat, Partner and Head of Employment Law at Ison Harrison, has over 25 years of experience and is involved in football governance and administration.
He has suggested that Villa could rely on just one of three potential exceptions in their appeal to CAS for Madjo.
Speaking exclusively to Villa News, Lunat said: "It's very difficult to challenge. This is quite a unique situation where the young player has been in Europe, but has represented England. The difficulty for Aston Villa is that the process is quite strict and there are only three exceptions.
"The first is because the player's parents have moved because of normal employment, not linked to football. Secondly, if it's a transfer within the EU and the player is 16 or 17. That is one thing they can rely upon.
"The other one, is where the player lives within 50km of the national border and plays for a club that is no more than 100km apart, so that doesn't fall either. The only one they can rely on is the second possible exception."
How Brexit can halt Aston Villa's Madjo appeal
There may be hope that this exception can work in Villa's favour as they look to register the striker for the new campaign.
The move between European nations seems to be all the B6 outfit can rely on, but it won't be simple.
With the United Kingdom now out of the EU due to Brexit, that complicates the potential of utilising that avenue.
Mohit Pasricha is Partner and Head of Sports and Entertainment at Lawrence Stephens and has suggested that Brexit is the biggest reason behind the problems Villa are facing right now.
He has experience representing a variety of sporting clients including transfers and can see Madjo's appeal struggling.
Speaking to Villa News, he said: "This whole case centres around article 19. It was a big topic around Brexit because pre-Brexit, this wouldn't have been an issue. 16 and 17 year olds were able to move freely across Europe in EU areas and that exemption still exists now.
"After Brexit, we came out of those areas and as a result, we don't benefit from the rule that allows 16 and 17 year olds to move freely.
"Villa's argument is that he's born in England, so it makes it very harsh that he can't benefit from the exception. It doesn't allow you to move back to a country of your birth, it only triggers for an international transfer and whether it is between two EU countries, regardless of where you were born. The sole reason he can't sign, in one word, is Brexit."
There is so much to unpack with this case and Villa are now at the mercy of CAS as they await their final verdict.