CAS 2020 A 7310
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case clarifies that a player who signs a contract with a new club while still under a valid contract with a previous club breaches the contract without just cause, even if the transfer to the new club was part of a failed or suspicious chain of transfers. It also confirms the automatic joint and several liability of the new club for compensation, regardless of knowledge or inducement. The reduction of the registration ban from two periods to one illustrates the CAS's flexible, proportionality-based approach to sporting sanctions.
Summary
The case involves a dispute over the transfer of Albanian footballer Erald Çinari. In July 2018, Çinari signed a three-year contract with Croatian club NK Istra 1961, while still under contract with Albanian club FK Vllaznia until May 2019. The transfer was part of a complex and allegedly fraudulent chain involving Spanish club Deportivo Alavés. After a failed transfer to Alavés, Çinari returned to Albania and, on 31 August 2018, signed a new contract with FK Partizani, with Vllaznia's involvement. Istra claimed breach of contract and sought compensation. The FIFA Dispute Resolution Chamber (DRC) found that Çinari had breached his contract with Istra without just cause, ordered him to pay EUR 83,150 in compensation, held Partizani jointly and severally liable, imposed a 4-month playing ban on Çinari, and banned Partizani from registering new players for two registration periods. Both Partizani and Çinari appealed to CAS. The CAS Sole Arbitrator upheld the DRC's decision on liability and compensation, confirming that the Istra contract was valid and that Çinari's subsequent contract with Partizani constituted a breach. The arbitrator reduced Partizani's registration ban from two periods to one, finding the original sanction excessive given the circumstances, including that no ITC request was pending. The appeals were dismissed.
The detail
Parties: & 7322 FK Partizani & NK Istra v. Erald Çinari & FK Vllaznia & FIFA
Case number: CAS 2020 A 7310
Outcome: The appeals were dismissed. The FIFA DRC decision was upheld: Player ordered to pay EUR 83,150 compensation to Istra, with Partizani jointly and severally liable. Player's 4-month playing ban confirmed; Partizani's registration ban reduced from two registration periods to one.
Quantum: EUR 83,150
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss Code of Obligations, CAS Code of Sports-related Arbitration
Issues in play: The validity of a player's employment contract with a second club while still under contract with the first club, and the joint and several liability of the new club for compensation. Also, the interpretation of 'shall' in Article 17 para. 3 RSTP regarding mandatory sporting sanctions.
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