CAS 2021 A 7825
CAS · Football (FIFA / CAS) · Switzerland · 10 Jan 2022
Why it matters
This case reinforces the strict application of CAS procedural rules (Article R56) regarding late evidence, and clarifies that a party alleging forgery of a contract must provide expert evidence, not mere assertions. It also confirms that a coach's role as 'Technical Coordinator' falls within FIFA's jurisdiction and that persistent non-payment of salaries constitutes just cause for termination.
Summary
The case concerns a dispute between a Portuguese football club (Vilafranquense) and its former Technical Coordinator, Bruno Miguel Da Cruz Vicente, over unpaid salaries and termination of his employment contract. Vicente signed a three-year contract starting August 2019, but the club failed to pay his monthly salary and allowances from the outset. After sending a notice and receiving no response, Vicente terminated the contract with just cause in March 2020 and filed a claim with FIFA's Players' Status Committee (PSC). The PSC ordered the club to pay EUR 25,600 in outstanding remuneration and EUR 72,900 as compensation for breach of contract. The club appealed to CAS, arguing for the first time that the contract was invalid because the signatures of its former president and vice-president were forged. The CAS Panel applied Swiss law and CAS jurisprudence, noting that the contract contained all essential terms (parties, duration, position, remuneration, signatures) and was therefore valid. The club failed to provide expert evidence of forgery, and its witnesses expressed doubts about their own signatures. The Panel also rejected the club's request to introduce a new witness after the written phase, as no exceptional circumstances existed under CAS Article R56. On the merits, the Panel found that the club's failure to pay salaries for over six months constituted just cause for termination under FIFA RSTP Article 14bis. The appeal was dismissed, and the club was ordered to pay the amounts awarded by FIFA plus interest.
The detail
Parties: CU Desportiva Vilafranquense Futebol, SAD v. Miguel Da Cruz Vicente & FIFA
Case number: CAS 2021 A 7825
Outcome: The CAS Panel dismissed the Club's appeal and upheld the FIFA PSC decision, ordering the Club to pay Mr Vicente EUR 25,600 in outstanding remuneration plus interest and EUR 72,900 as compensation for breach of contract without just cause.
Quantum: EUR 98,500 plus interest
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 the employment contract under Swiss law (essentialia negotii) and the burden of proof regarding alleged forgery of signatures. Also, the interpretation of 'just cause' for termination under FIFA RSTP Article 14bis.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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