CAS 2015A4368 Mikhail Danilyuk v. Football Union of Russia (RFU) & Football Club Shinnik
CAS · Football (FIFA / CAS) · Switzerland · 11 Jul 2016
Why it matters
This case clarifies that changes in procedural rules or definitions of 'football subjects' do not retroactively strip a tribunal of jurisdiction over claims already filed. It reinforces the strong presumption that jurisdiction once validly established continues, absent clear contrary intent. The award also provides guidance on interest rates for delayed payments in foreign currency, adopting a 5% rate as fair for US dollar debts.
Summary
Mikhail Danilyuk, a licensed football agent, entered into an agency agreement with FC Shinnik in August 2011. The contract entitled him to a fixed fee of $50,000 plus additional remuneration of $50,000 for each season the player participated in official games. After the player played in the 2013-14 season, Danilyuk claimed the additional $50,000. The Club refused payment. Danilyuk filed a complaint with the RFU's Dispute Resolution Chamber (DRC) on 2 December 2014. The DRC upheld his claim in July 2015. Both parties appealed to the RFU's Players Status Committee (PSC), which on 31 August 2015 annulled the DRC decision, ruling that changes to RFU regulations effective 1 April 2015 had removed Danilyuk's status as a 'football subject' and thus the DRC's jurisdiction. Danilyuk appealed to CAS. The Sole Arbitrator held that the principle tempus regit actum does not automatically allow procedural changes to affect existing proceedings, especially jurisdiction. Since Danilyuk validly filed his claim when he was a football subject and the DRC had jurisdiction, the later regulatory change could not retroactively remove that jurisdiction without clear language. The PSC decision was set aside. On the merits, the panel found that the condition for payment (player's participation in 2013-14 season) was satisfied, and ordered FC Shinnik to pay $50,000 plus 5% interest from the due date (15 October 2014) until payment, converted into roubles at the exchange rate on the payment date.
The detail
Parties: CAS 2015A4368 Mikhail Danilyuk v. Football Union of Russia (RFU) & Football Club Shinnik
Outcome: Appeal upheld; PSC decision set aside; FC Shinnik ordered to pay $50,000 plus 5% interest from 14 October 2014.
Quantum: $50,000 plus interest
Applicable law: RFU Regulations, Russian Civil Code (Article 395), CAS Code
Issues in play: The principle tempus regit actum (time governs the act) was applied to determine whether a change in RFU regulations could retroactively remove the DRC's jurisdiction over a claim filed before the change. The panel held that jurisdiction validly acquired is not lost unless by clear intention.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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