CAS 2021 A 7800
CAS · Football (FIFA / CAS) · Switzerland · 11 Apr 2022
Why it matters
This case clarifies the criteria for a national football arbitration body to be recognized as independent and impartial under FIFA regulations. It confirms that FIFA DRC retains jurisdiction when the national body fails to meet standards of equal representation and appeal rights, reinforcing FIFA's oversight of member associations' dispute resolution systems.
Summary
The case arose from a contract between Croatian club NK Inter Zaprešić and Bulgarian player Borislav Aleksandrov Tsonev, signed in February 2019 for a term until June 2021. The club failed to pay salaries from December 2019 onwards. After a formal default notice, the player terminated the contract with just cause in July 2020 and later signed with a Bulgarian club at a lower salary. The player filed a claim with the FIFA Dispute Resolution Chamber (DRC) for outstanding salaries and compensation. The club did not respond, and the DRC awarded EUR 54,901.43 in outstanding salaries and EUR 94,193.44 in compensation, plus interest and a registration ban if unpaid. The club appealed to CAS, arguing that the DRC lacked jurisdiction because the contract gave exclusive competence to the Court of Arbitration of the Croatian Football Federation (CFF). The Sole Arbitrator examined whether the CFF arbitration body met FIFA's requirements for independence, impartiality, and equal representation of players and clubs. He found that the CFF body's president and vice-president were appointed by the CFF Assembly without player-club consensus, and its decisions were not appealable, violating FIFA Circular 1010 and the FIFA NDRC Standard Regulations. Therefore, the FIFA DRC had jurisdiction. Since the club did not challenge the merits, the appeal was dismissed and the DRC decision confirmed. The award also ordered the club to pay CHF 5,000 towards the player's legal costs.
The detail
Parties: NK Inter Zapresic v. Borislav Aleksandrov Tsonev & FIFA
Case number: CAS 2021 A 7800
Outcome: Appeal dismissed; FIFA DRC decision confirmed; Club ordered to pay outstanding remuneration and compensation to player.
Quantum: EUR 54,901.43 outstanding remuneration plus EUR 94,193.44 compensation (total EUR 149,094.87) plus interest and CHF 5,000 legal costs
Applicable law: FIFA Regulations on the Status and Transfer of Players (August 2020 edition), FIFA Procedural Rules, CAS Code of Sports-related Arbitration
Issues in play: The dispute concerned whether the FIFA DRC had jurisdiction despite a contractual clause referring disputes to the Court of Arbitration of the Croatian Football Federation (CFF). The Sole Arbitrator found the CFF arbitration body did not meet FIFA's independence and impartiality standards, so FIFA DRC jurisdiction was proper.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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