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CAS 2021 A 8307 (CAS)

Why it matters

This case underscores the strict enforcement of procedural time limits in football arbitration. The CAS held that an appeal filed 54 days after notification of a FIFA DRC decision was inadmissible, even if the club claimed it never received the decision due to an email address error. The ruling reinforces that parties are responsible for providing correct contact details and that FIFA may rely on the email address provided by a party's representative. It also highlights the importance of timely appeals in maintaining legal certainty.

Summary

Altay SK, a Turkish football club, appealed a FIFA DRC decision that found it had breached the employment contract of player Anton Putsila and ordered it to pay EUR 200,000 in outstanding remuneration and EUR 380,000 in compensation, plus a two-window transfer ban. The club argued that the player had no just cause to terminate the contract and that it had not received proper notice of the FIFA decision. However, the CAS found that the club's legal representative had provided an email address to FIFA, and FIFA had sent the decision to that address. The club claimed the address was a typo, but the CAS held that FIFA was entitled to rely on it. The appeal was filed 54 days after notification, well beyond the 21-day limit under Article 58(1) of the FIFA Statutes. The CAS dismissed the appeal as inadmissible, upheld the FIFA DRC decision, and ordered the club to pay CHF 4,000 towards the player's legal costs.

The detail

Parties: Altay SK v. Anton Putsila & FIFA

Case number: CAS 2021 A 8307

Outcome: The appeal was dismissed as inadmissible because it was filed after the 21-day deadline. The FIFA DRC decision was upheld.

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Procedural Rules, CAS Code of Sports-related Arbitration

Issues in play: The case concerned the interpretation of Article 14bis of the FIFA RSTP regarding just cause for contract termination due to overdue payables, and the strict application of the 21-day appeal deadline under Article 58(1) of the FIFA Statutes.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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