Jimmy Briand was Free Agent when he joined Girondins de Bordeaux

By an amendment, the French side of En Avant Guingamp and its forward, Jimmy Briand, had agreed to the unconditional termination of the employment contract that bound them. Though, a tripartite agreement was signed in parallel between the French club, the footballer and Major League Soccer (MLS), making the termination conditional on the player's transfer to the MLS. Contrary to the first instance judges, the Administrative Court of Appeal of Paris considered that these two contractual documents were not inseparable. The approval of the amendment by the French Professional Football League allowed the player (now a free agent) to join the club of his choice. A condition precedent in the transfer agreement attached to an amendment does not alter its clear and precise content.