CAS 2019 A 6463
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This case is significant for its detailed analysis of the formation of a transfer agreement under FIFA regulations, particularly the conclusion of a contract via email exchange. It also clarifies the standard for inducing a breach of contract by a club and the application of sanctions under Article 17 RSTP, including the ban on registering new players. The award provides guidance on the interplay between transfer agreements and employment contracts in football.
Summary
The case concerns the transfer of Iranian footballer Saman Ghoddos from Swedish club Östersunds FC to Spanish club SD Huesca in August 2018. After Östersunds FC accepted Huesca's offer of EUR 3 million via email, the player signed an employment contract with Huesca. However, Östersunds FC later received a higher offer from French club Amiens SC and pressured the player to terminate his Huesca contract. The player sent a termination letter and was subsequently transferred to Amiens SC. FIFA's Dispute Resolution Chamber (DRC) found the player terminated without just cause, ordered him to pay EUR 4 million compensation (jointly with Östersunds FC), imposed a four-month playing ban on the player, and a two-window registration ban on Östersunds FC. Both the player and Östersunds FC appealed to CAS. The CAS Panel held that a valid transfer agreement was concluded between Östersunds FC and Huesca via the email exchange on 7 August 2018. The player's employment contract with Huesca was validly signed. The player terminated without just cause, but the Panel set aside the compensation order because Huesca failed to prove any financial loss (the player's salary was not paid, and Huesca did not show lost transfer fees). The Panel confirmed the four-month ban on the player (already served) and the two-window registration ban on Östersunds FC for inducing the breach. The appeals were partially upheld.
The detail
Parties: & 6464 Saman Ghoddos v. SD Huesca & Östersunds FC & Amiens Sporting Club & FIFA
Case number: CAS 2019 A 6463
Outcome: The appeals were partially upheld. The FIFA DRC decision was amended: the compensation order (EUR 4 million) and joint liability were set aside; the four-month player ban (already served) and the two-window registration ban on Östersunds FC were confirmed.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law
Issues in play: The case involved the interpretation of Article 17 RSTP (termination without just cause) and the validity of a transfer agreement under FIFA regulations, with a conflict between the player's freedom of contract and the club's right to enforce a transfer agreement.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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