CAS 2011A2506 Yassine Chikhaoui v S. Canard
CAS · Football (FIFA / CAS) · Switzerland · 21 Feb 2012
Why it matters
This case clarifies the interplay between FIFA regulations and national law regarding contracts signed by minors. It establishes that under Tunisian law, a minor's contract is voidable, not void, and that a plea of nullity can be raised even after the one-year rescission period if the contract was not voluntarily executed. The decision also addresses the standard for notification of FIFA decisions, holding that actual receipt is required, not constructive notice under Swiss law.
Summary
Yassine Chikhaoui, a Tunisian footballer, signed an exclusive representation agreement with agent Stéphane Canard on 6 October 2005, when Chikhaoui was 19 years old. Under Tunisian law, the age of majority is 20, so Chikhaoui was a minor of limited capacity. The agreement required Chikhaoui to negotiate only through Canard and pay 10% commission. After signing, Canard contacted several clubs but had no further contact with Chikhaoui. In May 2007, Chikhaoui signed a contract with FC Zurich without involving Canard, represented by another agent. Canard filed a claim with FIFA, seeking commission and compensation. The FIFA Single Judge ordered Chikhaoui to pay CHF 45,000. Chikhaoui appealed to CAS, arguing the agreement was void because he was a minor and lacked parental consent. The CAS Sole Arbitrator applied Art. 12(11) of the FIFA Regulations, which refers to the national law of the player's domicile (Tunisia). Under Tunisian law (TCO), a minor's contract is not automatically void but voidable; the minor can seek rescission within one year of turning 20. Chikhaoui did not do so. However, he raised a plea of nullity, which under Art. 335 TCO is not subject to the one-year limit. The arbitrator found that Chikhaoui had not voluntarily executed the contract (he breached it by negotiating with FC Zurich without Canard), so he could still raise the plea. The arbitrator also addressed the timeliness of the appeal: FIFA's decision was sent by registered mail on 8 June 2011, but Chikhaoui did not collect it; he received a copy on 29 June 2011 and filed his appeal on 18 July 2011. The arbitrator held that under FIFA rules, notification requires actual receipt, not constructive notice, so the appeal was timely. The appeal was upheld, the FIFA decision annulled, and Canard's claim dismissed.
The detail
Parties: CAS 2011A2506 Yassine Chikhaoui v S. Canard
Outcome: Appeal upheld; FIFA decision annulled; agent's claim dismissed.
Applicable law: FIFA Regulations (Art. 12(11) and Art. 63); Tunisian Code of Obligations and Contracts (TCO); Swiss law (PILA)
Issues in play: Tunisian law on capacity of minors (Art. 6-8, 330, 331, 335, 337, 338 TCO) vs. FIFA rules on representation contracts; issue of whether a minor's contract is void or voidable and whether a plea of nullity can be raised after the one-year rescission period.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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