CAS 2020 A 6830
CAS · Football (FIFA / CAS) · Switzerland · 16 Aug 2021
Why it matters
This case clarifies the application of res judicata in football disputes when national arbitration bodies have already ruled. It confirms that CAS will respect prior decisions of national football tribunals that meet FIFA's independence requirements, even if the player later challenges their fairness. The case also underscores that CAS jurisdiction on appeal from FIFA decisions is separate from the merits of whether FIFA had jurisdiction initially.
Summary
Dorian Leveque, a French professional footballer, signed a three-year employment contract with Greek club PAOK Thessaloniki in July 2017. After injuries and disputes, the club terminated the contract in August 2018, claiming the player was absent without justification. The player initiated proceedings before the Greek football arbitration bodies (PEEOD and CAF), which both ruled that the termination was valid and attributable to the player. Meanwhile, the player also filed a claim with FIFA's Dispute Resolution Chamber (DRC) seeking compensation. FIFA DRC declared the claim inadmissible on the ground of res judicata, because the Greek bodies had already decided the same dispute. The player appealed to CAS, arguing that the Greek tribunals were not independent or fair, and that FIFA should have heard his claim. The CAS panel first confirmed its jurisdiction to hear appeals from FIFA DRC decisions, distinguishing this from the question of whether FIFA had jurisdiction initially. On the merits, the panel applied Swiss law and FIFA regulations. It found that the Greek arbitration bodies (PEEOD and CAF) had been previously recognized by CAS as meeting FIFA's requirements of equal representation, independent chairman, and fair proceedings. The player had participated fully in those proceedings, including being represented by lawyers. Therefore, the principle of res judicata applied: the same parties, same object (contract termination), and same cause of action. The panel dismissed the player's appeal and upheld the FIFA DRC decision. The award was issued on 16 August 2021.
The detail
Parties: Dorian Leveque v. FC PAOK Thessaloniki & FIFA
Case number: CAS 2020 A 6830
Outcome: The appeal is dismissed, and the FIFA DRC decision declaring the claim inadmissible due to res judicata is confirmed.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Statutes, Swiss law
Issues in play: The principle of res judicata collided with the player's right to access an independent tribunal. The CAS panel had to decide whether the Greek football arbitration bodies (PEEOD and CAF) met FIFA's minimum standards of independence and fair process, and whether their prior decision barred FIFA from hearing the same dispute.
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.