MAROUANE FELLAINI’S attempt to take legal action against New Balance has been thrown out by a High Court judge.
Rosaline, an investment company, claimed on the Manchester United player’s behalf the American sportswear giant breached an agreement to make payments if he wore the company’s boots.
The Belgian international had initially attempted to sue New Balance for £2.1million after he said that the boots he had been wearing were causing “considerable damage” to his feet.
He also claimed the boots had to be “steamed and stretched” and the manufacturers had copied boots made by Nike.
But lawyers representing New Balance asked Mrs Justice May to halt proceedings.
They said Rosalina’s claim had “no real prospect of success” and should be dismissed.
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The judge ruled in New Balance’s favour on Friday after analysing rival arguments at a High Court hearing in London, and made an order “striking out” Rosalina’s claim.
Barrister Ian Mill QC, who led New Balance’s legal team, had said there were no “reasonable grounds” for asserting that a contract had been concluded.
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The Belgian midfielder signed a four-year deal with New Balance, worth £600,000-a-year, with them in 2012.
Lawyers representing Rosalina disagreed and said a trial was necessary.
Mrs Justice May said in her ruling: “I am satisfied that the issues raised by New Balance’s application are suitable for summary determination and that the claim for breach of a concluded agreement and the alternative claim for breach of a duty to negotiate in good faith are each bound to fail.
“Accordingly there will be an order striking out the claim and/or for summary judgment in favour of New Balance.”
The midfielder who is out of contract at Old Trafford this summer said he will appeal the decision.
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