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CAS 2021 A 8322 (CAS)

Why it matters

This case clarifies that a communication from a sports federation that terminates proceedings and states a legal position (e.g., statute of limitations) is an appealable decision, even if issued by the secretariat. It underscores the strict 21-day appeal deadline under the FIFA Statutes and CAS Code, and that repeated requests for reconsideration do not extend the deadline. The case also highlights the consequences of procedural delay by a player.

Summary

Khaled Saad Sallam, a Jordanian footballer, signed a three-season employment contract with Egyptian club Zamalek SC in July 2007. In June 2008, he filed a claim with FIFA seeking to terminate the contract for just cause, alleging the club deregistered him. The FIFA DRC rejected his claim in August 2008 but the decision was not immediately notified. Before notification, the club filed a counterclaim. In February 2009, the player filed a new claim for compensation. After years of inactivity, FIFA informed the player in May 2021 that the case was time-barred under Article 25(5) RSTP (two-year limitation). The player appealed to CAS in September 2021, arguing denial of justice. The CAS Sole Arbitrator held that FIFA's May 2021 letter was a final decision terminating proceedings, and the player's appeal was filed beyond the 21-day deadline. The appeal was declared inadmissible. The arbitrator noted FIFA's delay was unfortunate but did not constitute a denial of justice because a decision was ultimately issued.

The detail

Parties: Khaled Saad Sallam v. Zamalek SC & FIFA

Case number: CAS 2021 A 8322

Outcome: The appeal was declared inadmissible. The player's claim for compensation for breach of contract was dismissed on procedural grounds.

Applicable law: FIFA Regulations for the Status and Transfer of Players (RSTP), Swiss Code of Obligations, Swiss Civil Code, CAS Code of Sports-related Arbitration

Issues in play: The case involved the interpretation of FIFA's statute of limitations (Article 25(5) RSTP) and the definition of an appealable decision under CAS jurisprudence. The key issue was whether FIFA's letter closing the case constituted a decision triggering the 21-day appeal deadline.

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

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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