EXCLUSIVE | Galatasaray pulls the strings in Fenerbahce's Kerem Akturkoglu transfer: 5-day deadline and Europa League risk

Fenerbahçe reached a happy ending in the transfer of Kerem Akturkoglu, which has been struggling for a while due to Benfica's stubbornness. It is learned that Benfica and Fenerbahçe have agreed on a 22.5 million euros and a 2.5 million euros bonus offer. The Portuguese team first announced the transfer with the following statement:

"A preliminary agreement has been reached with Fenerbahçe Club regarding the transfer of Kerem Akturkoglu. The agreement envisages a definitive transfer of 22.5 million euros plus a variable fee depending on the targets. Therefore, the amount of the transfer could reach EUR 25 million. Furthermore, Galatasaray has been informed of these conditions as it has the right of pre-emption."

5 DAYS RIGHT OF REPLY...It has been revealed that there is a "FRoR" clause in Galatasaray's sale agreement with Benfica for Kerem. Accordingly, the yellow-reds, who have the "First Right of Refusal (FRoR)", that is, the "priority right to buy", have the right to reply within 5 days.

So what will happen if Galatasaray use their 5-day right of reply? If Benfica does not give a response within these 5 days, what kind of a road map will be followed in the transfer of Kerem Akturkoglu? Fenerbahçe has until September 2nd to announce its squad for the Europa League, what will Fenerbahçe do if Galatasaray waits 5 days? Will Kerem Akturkoglu be able to play in the Europa League with Fenerbahçe?

IS GALATASARAY IN CONTROL?

We asked all these questions to sports lawyer Anıl Dinçer and here are the answers we received on the subject;

Q: Galatasaray has a 5-day right of reply regarding Fenerbahçe's transfer of Kerem Akturkoglu. Would Galatasaray exercising this right of reply create a crisis? How would this process work? What awaits Fenerbahçe and Kerem Akturkoglu?

"As far as it is understood, in the transfer process of Kerem Akturkoglu from Galatasaray to Benfica, Galatasaray was granted a 5-day pre-emption right. And according to this clause, Benfica has to give Galatasaray a 5-day period before selling Kerem Akturkoglu to a third club. These are usually referred to as pre-emption clauses and FIFA recognizes them as valid. Also here, the Galatasaray club has to be given a 5-day deadline. If not, Benfica could also be liable for damages. Maybe there is also a right to compensation in the contract if the 5-day deadline is not given. Therefore, I think Benfica will give Galatasaray 5 days to respond in any case."

'5 DAYS RIGHT TO REPLY'

"These clauses are usually written as '5 days deadline and 5 days right of reply'. Since this is a right, Galatasaray can either say 'I approve this transfer, I don't want this player, you can sell him to another club' or 'no, I'm buying this player for the same fee' within 5 days, which is also a right, or Galatasaray can not respond during these 5 days, and since the yellow-red club has not responded for 5 days, this right automatically falls. And Benfica can give the player to any club they want."

'THIS IS A RIGHT, THERE IS NO BAD FAITH ON THE PART OF G.SARAY'

"This is a right. Galatasaray's bad intentions are not sought here. Whether Galatasaray responds positively or negatively within 5 days or not, it has used all of these 5 days. Therefore, this 5-day period is valid and recognized by FIFA. This is Galatasaray's right. In no way can Galatasaray be portrayed as 'malicious' here. Because this is a right and a period of time determined in the contract. Galatasaray can either use this right, transfer Kerem Akturkoglu or say 'I don't want to transfer Kerem' in this 5-day period and then Benfica can immediately send Kerem to Fenerbahçe or Galatasaray can remain passive and not respond in this 5-day period. As I said, since this is a right, it cannot be said that Galatasaray has bad intentions and that FIFA will decide like this."

'FIFA NOT UEFA'

"I see on social media there are people who say 'UEFA will perceive Galatasaray as malicious'. UEFA has no such authority here anyway. If a legal problem arises, such as whether this clause is valid or invalid, you go to FIFA, not UEFA. UEFA has nothing to do with the issue."

'KEREM MUST ALSO COMPLY WITH THESE CONDITIONS'

"Kerem Akturkoglu has to abide by this clause just like Benfica. Because transfer contracts are also signed by the player. But Benfica is responsible here. If Benfica does not allow Galatasaray this 5-day period, they have to pay Galatasaray whatever compensation is written in the contract. Or they have to compensate Galatasaray for whatever damages they have caused Galatasaray. But Benfica won't risk themselves here."

CAN KEREM AKTURKOGLU PLAY IN THE EUROPEAN LEAGUE?

S: Kerem Akturkoglu played in the European Cup with Benfica. Will he be able to continue with Fenerbahce in the Europa League from now on, will he be able to play?

"After the transfer of Kerem Akturkoglu from Benfica to Fenerbahçe, Kerem Akturkoglu will play in the Europa League competitions that the Yellow-Navy will play. Because UEFA regulations are clear on this matter. During a season, a player can only play for one club. However, if he played for one club in the qualifiers and then transferred to another club, and this other club continues in the group stages or league stages, which is the league format at the moment, he can play for the second club as an exception."

'IF GATASARAY WAITS 5 DAYS, FENERBAHCE CANNOT PUT KEREM ON THE EUROPEAN LEAGUE LIST'

"But it is important to underline here that the deadline to submit the list to UEFA is September 2nd. In other words, if Kerem Akturkoglu can be included in Fenerbahçe's list by the deadline, if the '5 days' issue with Benfica and Galatasaray is resolved, if Fenerbahçe can make the transfer and if he is included in the UEFA list, then yes, Kerem Akturkoglu can play for Fenerbahçe in UEFA Europa League competitions this year."