CAS 2018 A 5771
CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019
Why it matters
This case highlights the tension between contractual penalty clauses and just cause termination in football employment disputes. It reaffirms that a club's failure to register a player, preventing him from playing, can constitute a fundamental breach justifying termination. The case also addresses lis pendens when parallel proceedings exist in national courts and FIFA bodies, clarifying that FIFA DRC jurisdiction is not excluded by non-exclusive court clauses.
Summary
The case involves a dispute between Al Wakra FC (Qatar) and Argentine player Gaston Sangoy. The Player signed a two-year employment contract starting July 2015. After playing three matches, the Club deregistered him on 30 September 2015, preventing him from playing. The Player repeatedly asked the Club to clarify his status and arrange a residence permit, but received no response. On 20 October 2015, he left Qatar with his family. On 13 November 2015, he terminated the contract for just cause. The Club had filed a claim in Qatari civil court on 31 March 2016, but the Player was not notified until 2018. Meanwhile, the Player filed a claim with the FIFA DRC on 23 May 2016. The FIFA DRC found the Club breached the contract by deregistering the Player and failing to obtain a residence permit, and awarded the Player USD 49,000 in outstanding salary and USD 998,640 in compensation. The Club appealed to CAS, arguing lis pendens and that the Player terminated without just cause. The CAS Panel had to decide on jurisdiction and the merits. The document does not include the final CAS award, but the parties' submissions indicate the key issues: whether the Qatari court proceedings created lis pendens, whether the Player had just cause to terminate, and the validity of the contractual penalty clause. The Club argued the Player abandoned his job, while the Player argued the Club's deregistration and visa failures forced him to leave. The case underscores that a player's right to play is a fundamental personality right, and a club's unilateral deregistration can justify termination with just cause.
The detail
Parties: & 5772 Al Wakra FC v. Gaston Maximiliano Sangoy & FIFA
Case number: CAS 2018 A 5771
Outcome: The FIFA DRC decision was appealed; the CAS award is not fully reproduced, but the FIFA DRC had partially accepted the Player's claim, ordering the Club to pay outstanding remuneration of USD 49,000 and compensation of USD 998,640, and rejected the Club's counterclaim.
Quantum: USD 1,047,640 (USD 49,000 outstanding + USD 998,640 compensation)
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss Code of Obligations (SCO), Qatari law (contract), CAS jurisprudence
Issues in play: The dispute involved the validity of a contractual penalty clause (Article 9) and whether the Player had just cause to terminate due to the Club's failure to register him and obtain a residence permit, balancing contractual freedom against player personality rights.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.