CAS 2018 A 5955
CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019
Why it matters
This case clarifies that a player may have just cause to terminate a contract under FIFA rules when subjected to fan harassment and lack of employer protection, even if the termination follows a statutory right under national labour law. It also confirms that a club that signs a player after such termination is not automatically liable for inducement if it acted in good faith.
Summary
Spas Delev, a Bulgarian footballer, terminated his contract with FC Beroe-Stara Zagora in June 2016 by paying three months' salary as allowed by the Bulgarian Labour Code. He then signed with Polish club Pogon Szczecin. Beroe complained to FIFA, which found Delev had breached his contract without just cause and ordered him to pay compensation of €84,050, imposed a four-month ban on Delev, and banned Pogon from registering new players for two transfer windows. Delev and Pogon appealed to CAS. The CAS panel reviewed the evidence, including Delev's testimony about harassment by Beroe fans and lack of protection from the club. The panel found that Delev had just cause to terminate because of the harassment and Beroe's failure to protect him, supported by press reports and the club's low valuation of the player. The panel also found that Pogon had not induced the breach; it had acted on advice from an agent and confirmed Delev's free-agent status. Therefore, the panel annulled the DRC decision entirely, lifting all sanctions and compensation. The case underscores that just cause can arise from non-contractual factors like fan harassment, and that clubs signing players must be cautious but are not automatically liable.
The detail
Parties: & 5981 Spas Delev & Pognon Spolka Akcyjna v. FC Beroe-Stara Zagora EAD & FIFA
Case number: CAS 2018 A 5955
Outcome: Appeals upheld; DRC decision annulled; no compensation or sporting sanctions imposed on Delev or Pogon.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Bulgarian Labour Code
Issues in play: The collision was between the Bulgarian Labour Code, which allows an employee to terminate a contract by paying three months' salary, and FIFA's RSTP, which imposes consequences for termination without just cause. The key issue was whether the player had just cause to terminate due to harassment.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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