CAS 2021 A 8161
CAS · Football (FIFA / CAS) · Switzerland · 10 Jun 2022
Why it matters
This case clarifies the application of the six-month rule (Article 18(3) RSTP) and confirms that a contract signed by a player who does not understand the language may still be valid absent fraud. It also demonstrates CAS's willingness to reduce disproportionate sporting sanctions while upholding financial compensation, and highlights the importance of evidence such as WhatsApp messages in fraud claims.
Summary
The case concerns a dispute over a contract signed by Egyptian player Hossam Ashraf Mahmoud Elgamy (then 18) with Cameroonian club Nkufo Academy Sports on 18 October 2019. The player claimed he was tricked by an agent into signing a document he did not understand, thinking it was a non-binding preliminary step to a European transfer. Nkufo argued the contract was valid. The player later signed a new contract with his Egyptian club Zamalek, leading Nkufo to claim breach. FIFA's DRC found the Nkufo contract valid, ordered the player to pay EUR 222,471 compensation (jointly with Zamalek), imposed a four-month playing ban on the player, and a two-window transfer ban on Zamalek. Both appealed to CAS. The CAS Sole Arbitrator upheld the validity of the contract, finding it contained all essential terms and rejecting fraud claims due to insufficient evidence. However, she reduced the sporting sanctions: the player's ban was reduced to two months suspended for two years, and Zamalek's transfer ban was reduced to one window. The financial compensation was upheld as per a settlement between the parties. The case is significant for its analysis of the six-month rule (Article 18(3) RSTP), which the arbitrator found does not render a contract void but is disciplinary in nature. It also addresses the burden of proof for fraud under Swiss law and the proportionality of sanctions.
The detail
Parties: & 8162 Zamalek SC & Hossam Ashraf Mahmoud Elgamy v. Nkufo Academy Sports & FIFA
Case number: CAS 2021 A 8161
Outcome: The appeal is partially upheld. The four-month playing ban on the Player is confirmed but reduced to two months suspended for a probationary period of two years. The two-window transfer ban on Zamalek is reduced to one window. The financial compensation of EUR 222,471 plus interest is upheld as per the settlement.
Quantum: EUR 222,471 plus 5% interest p.a. from 18 December 2020
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) October 2020 edition; Swiss Code of Obligations (SCO); CAS jurisprudence
Issues in play: Validity of a contract signed by a minor under Swiss law vs. Egyptian/Cameroonian law; fraud under Article 28 SCO; the six-month rule under Article 18(3) RSTP; proportionality of penalty clauses under Article 163 SCO.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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