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CAS 2019 A 6306 (CAS)

Why it matters

This case illustrates the application of FIFA RSTP Articles 14 and 17 in a dispute over termination of a football player's contract. It confirms that a club's failure to pay wages, exclusion from training, and non-registration can collectively constitute just cause for termination. The decision also clarifies that a liquidated damages clause only applies when termination is without just cause, and that compensation under Article 17 is calculated based on residual value of the contract less mitigation.

Summary

Jean Philippe Mendy, a French footballer, signed a one-year contract with Baniyas FC (UAE) in January 2017. He suffered a leg fracture in February 2017 but returned to play. The club failed to pay a USD 75,000 advance installment due in April 2017. After the season, Baniyas was relegated and Mendy went on leave. In July 2017, he reported pain from the old injury. The club did not register him for the new season, signed another foreign player, and told him to train alone at the gym. Mendy terminated the contract on 1 November 2017 citing just cause under FIFA RSTP Article 14. He claimed outstanding wages and compensation. Baniyas counterclaimed, arguing Mendy breached the contract and owed USD 5 million under clause 6.3. FIFA DRC found just cause for termination, awarded Mendy USD 75,000 outstanding and USD 529,274 compensation (calculated as remaining salary minus salary from new club Belupo). Both parties appealed to CAS. Mendy sought additional compensation for specificity of sport and flight tickets. Baniyas sought reversal, arguing no just cause, and requested sporting sanctions. The CAS panel upheld the just cause finding, noting the club's cumulative breaches. It rejected Baniyas' claim against Belupo because Baniyas failed to join Belupo in first instance. The panel also held FIFA had standing to be sued regarding sporting sanctions. The final CAS award is not fully detailed in the text, but the panel confirmed the DRC's reasoning.

The detail

Parties: 6316 Baniyas Football Sports Club LLC v. Jean Philippe Mendy, Club NK Slaven Belupo & FIFA

Case number: CAS 2019 A 6306

Outcome: FIFA DRC partially accepted Player's claim, rejected Club's counterclaim; ordered Club to pay USD 75,000 outstanding remuneration and USD 529,274 compensation plus interest. CAS appeal: Player sought higher compensation; Club sought reversal. Outcome of CAS not fully stated in text.

Quantum: USD 604,274 plus interest (FIFA DRC)

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) 2016 edition; subsidiary Swiss law

Issues in play: FIFA RSTP Article 14 (just cause termination) and Article 17 (compensation for breach) were central. The contract's clause 6.3 (liquidated damages) was held inapplicable because termination was with just cause.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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