Lionel Messi is one of the most famous soccer stars in the world. His presence on a team drives interest and intrigue wherever he plays. The ticket prices for games where Messi plays are typically much higher than they would normally be. His fame and popularity are one of the driving forces behind his current legal issue.
VID Music Group recently filed a lawsuit against Messi and the Argentine Football Association (AFA).[1] VID is a Miami based event promoter. [2] VID is suing Messi and AFA for breach of contract and fraud based on Messi’s decision not to play in a friendly match between Argentina and Venezuela. [3]
The Complaint alleges that VID and AFA entered into a contract in which VID would promote two friendly matches between Argentina and their opponents.[4] VID contends that Messi was contractually obligated to play in 30 minutes of the game, and that his participation was an “essential term of the agreement.” [5] The Complaint further alleges that leading up to the October 10th friendly between Argentina and Venezuela, Messi was participating in promotion with AFA, but that the day of the game, VID learned that Messi would not be playing.[6] Importantly, VID alleges that the only way Messi would be able to sit out the friendly is if he was injured, sick or in the event of a force majeure issue.[7] VID argues that Messi was not injured or ill, so there was no reason for him to sit out.
The lawsuit is based on damages that VID suffered as a result of Messi sitting out of the first friendly, and the change in venue of the second friendly. It is important to note that VID is not seeking any kind of specific performance remedy. Under US laws, it is unlikely that type of case would succeed. Instead, the damages VID is seeking are primarily based on revenue that was lost as a result of Messi deciding not to play.
The complaint highlights that Messi’s decision was announced hours before the match was set to start. This allegedly caused a number of fans not to attend, which in turn, caused VID to suffer financial harm. VID is claiming that it lost significant revenue in broadcasting and stadium sales because of Messi’s decision.[8]
Contracts are typically enforced by the courts if they are fair and entered into freely. Here, Messi’s participation seems to be one of the most important factors in getting VID to agree. Further, there is a portion of the contract where it is stipulated that Messi will play at least 30 minutes in the game outside of injury and illness. The parties signed the agreement of their own accord. Unless Messi can demonstrate a viable reason why he sat out of the friendly, he could have to pay the damages that this lawsuit is seeking. Another important piece to note is that Messi’s and AFA’s attorneys have not answered the complaint yet, so the factual picture could be incomplete. Still, this is something that could stain Messi’s last year with the AFA.
[1] https://www.espn.com/soccer/story/_/id/48496977/messi-argentina-federation-sued-missed-exhibition-match
[2] Id.
[3] Id.
[4]https://www2.miamidadeclerk.gov/ocs/pdfHandler?qs=REnX2LJ6L069%2BCl9QBGd5Jj3YEbPd8FXKH52dS5Bp5M%3D
[5] Id.
[6] Id.
[7] Id.
[8] Id.
Julia Hoffmann is a third year law student at the University of Buffalo School of Law. Originally from the West Coast, she has always had an interest in the cross section between the law and sports. Julia is a huge fan of hockey, and watches all things women's sports.
Leave a Reply