CAS 2020 A 6720
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This case illustrates the CAS's approach to costs when an appeal is withdrawn after a settlement, confirming that the appellant generally bears the arbitration costs. It also highlights the tension between FIFA's regulatory framework and national insolvency proceedings, a recurring issue in football disputes involving financially distressed clubs.
Summary
CS Gaz Metan Medias, a Romanian football club, appealed a FIFA DRC decision ordering it to pay a bonus of EUR 32,861.50 plus interest to player Jasmin Trtovac. The club argued that FIFA lacked jurisdiction because Romanian insolvency law gave exclusive competence to the Syndic Judge, and that the bonus conditions were not met. During the CAS proceedings, the parties reached a settlement: the club agreed to pay EUR 17,000 to the player, and both waived further claims. The club then withdrew its appeal. The Sole Arbitrator terminated the proceedings and, under CAS jurisprudence, ordered the club to bear the full arbitration costs, while each party bore its own legal costs. The award on costs was issued on 1 December 2020.
The detail
Parties: CS Gaz Metan Medias v. Jasmin Trtovac & FIFA
Case number: CAS 2020 A 6720
Outcome: The appeal was withdrawn after the parties settled; the CAS terminated the proceedings and ordered the Appellant to bear the arbitration costs; each party bears its own legal costs.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Statutes, CAS Code of Sports-related Arbitration
Issues in play: The dispute involved the interaction between FIFA's jurisdiction over contractual disputes in football and Romanian insolvency law, which gave exclusive competence to the Syndic Judge for claims against the insolvent club.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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