CAS 2020 A 7001
CAS · Football (FIFA / CAS) · Switzerland · 19 Aug 2021
Why it matters
This case reaffirms the strict requirement for a clear, specific and exclusive arbitration clause to oust FIFA DRC jurisdiction in international employment disputes. It clarifies that vague references to 'competent bodies' or multiple conflicting forum clauses do not meet the standard, ensuring players have a predictable forum. The decision also confirms that failure to pay salaries for at least two months after a 10-day grace period constitutes just cause for termination.
Summary
Sportclub Ritzing, an Austrian fourth-tier club, signed a player contract with Slovakian player Miroslav Sedlak from 1 February 2019 to 15 June 2020, with a monthly salary of EUR 950. The club failed to pay salaries from February 2019. After multiple default notices, the player terminated the contract on 27 June 2019 with just cause under FIFA RSTP art. 14bis. The player filed a claim with FIFA DRC, which found it competent despite the club's objection that the contract gave jurisdiction to Austrian bodies. The DRC awarded EUR 4,750 in outstanding salaries and EUR 10,925 in compensation (11.5 months' salary) plus interest, and imposed a registration ban. The club appealed to CAS, arguing FIFA DRC lacked competence. The CAS Sole Arbitrator upheld the DRC decision, finding that the contract's clause IX.3 referring to 'responsible Senates' or 'competent bodies' was not clear, specific, or exclusive enough to oust FIFA jurisdiction. The club also failed to dispute the merits, so the termination and compensation were confirmed. The appeal was dismissed, and the club was ordered to pay the amounts and contribute CHF 4,000 to the player's legal fees.
The detail
Parties: Sportclub Ritzing v. Miroslav Sedlak & FIFA
Case number: CAS 2020 A 7001
Outcome: Appeal dismissed; FIFA DRC decision confirmed; Club ordered to pay outstanding remuneration EUR 4,750 plus interest and compensation EUR 10,925 plus interest, and to pay CHF 4,000 towards First Respondent's legal fees.
Quantum: EUR 15,675 plus interest
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Austrian law, CAS Code of Sports-related Arbitration
Issues in play: The dispute involved the competence of FIFA DRC versus national arbitration bodies under the contract, and the standard for just cause termination under RSTP art. 14bis and compensation under art. 17(1).
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