CAS 2021 A 7859
CAS · Football (FIFA / CAS) · Switzerland · 11 Apr 2022
Why it matters
This case clarifies the primacy of FIFA's dispute resolution system over national arbitration bodies for international employment disputes, even when a contract specifies a national forum. It also reinforces the principle that a club's failure to pay salaries for months constitutes just cause for termination by the player, and that a club cannot terminate without just cause after receiving a default notice. The award underscores the importance of good faith in raising jurisdictional objections.
Summary
The case involves a dispute between Croatian football club NK Inter Zaprešić and Russian player Serder Serderov. The player signed a one-year employment agreement with the club in January 2019, with a monthly salary of EUR 6,000. From January 2020, the club stopped paying the player. Due to the COVID-19 pandemic, the Croatian league was suspended, and the player returned to Russia at the club's request. In May 2020, the parties extended the contract until August 2020. In July 2020, the player sent a default notice demanding payment of six months' overdue salaries. The club responded by summoning the player to return to Croatia, and when he did not, the club terminated the contract on 25 July 2020. The player filed a claim with the FIFA DRC, which found that the club had terminated without just cause and ordered payment of EUR 36,000 in outstanding salaries and EUR 6,968 as compensation for breach of contract, plus interest. The club appealed to CAS, arguing that the FIFA DRC lacked jurisdiction because the contract contained an arbitration clause referring disputes to the Croatian Football Federation's Court of Arbitration (CFF NDRC). The CAS Sole Arbitrator rejected the club's jurisdictional objection on two grounds: first, the CFF NDRC did not meet the independence and impartiality criteria required by FIFA regulations; second, the club had failed to raise the objection before the DRC and acted in bad faith. On the merits, the arbitrator confirmed that the club had terminated without just cause, as it had not paid salaries for seven months and had shown no interest in the player's services. The award was upheld in full.
The detail
Parties: NK Inter Zapresic v. Serder Serderov & FIFA
Case number: CAS 2021 A 7859
Outcome: Appeal dismissed; FIFA DRC Judge's decision confirmed; Club ordered to pay EUR 36,000 outstanding remuneration plus EUR 6,968 compensation and interest, and CHF 5,000 contribution to Player's legal fees.
Quantum: EUR 42,968 plus interest and CHF 5,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law, Croatian law, CFF regulations
Issues in play: The case involved a conflict between the jurisdiction of the FIFA DRC and the Croatian Football Federation's Court of Arbitration, based on the arbitration clause in the player's contract and FIFA's mandatory rules on international disputes.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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