CAS 2022 A 8953
CAS · Football (FIFA / CAS) · Switzerland · 20 Mar 2024
Why it matters
This award clarifies the application of Article 17 para. 4 of the FIFA RSTP regarding sporting sanctions for breach of contract within the protected period. It confirms that a single breach can trigger a registration ban if sufficiently severe, and that repeat offender status can be based on pending appealed decisions. The case also highlights the importance of due process when FIFA imposes sanctions ex officio.
Summary
The case concerns a Turkish football club (K.) and Portuguese player Manuel Henrique Tavares Fernandes. The player signed an employment contract with the club in October 2020, valid until May 2022. The club failed to pay salaries from December 2020 onwards, and in October 2021 excluded the player from first-team training. After multiple default notices, the player terminated the contract on 20 December 2021 with just cause. The FIFA DRC found the club liable for outstanding salaries (EUR 366,400) and compensation (EUR 290,100), and imposed a two-window registration ban under Article 17 para. 4 of the FIFA RSTP, noting the club was a repeat offender. The club appealed to CAS, arguing that the FIFA DRC lacked jurisdiction due to conflicting forum clauses, that the player did not have just cause, and that the sporting sanction was disproportionate. The CAS Sole Arbitrator upheld the DRC decision on jurisdiction, finding no exclusive state court clause. On just cause, the arbitrator confirmed that non-payment of salaries alone justified termination, without needing to examine the player's demotion. Regarding the sporting sanction, the arbitrator held that Article 17 para. 4 does not allow for a milder sanction; the only question is whether it applies. The club was a repeat offender with three prior DRC decisions, including one under appeal (CAS 2022/A/8859). The arbitrator considered that pending appeal does not prevent the DRC from considering that decision, especially as the club provided no evidence that the appeal might succeed. The registration ban was thus confirmed. The award also noted procedural concerns about FIFA not inviting the club to comment on the sporting sanction, but since the club did not raise this in CAS, no conclusion was drawn.
The detail
Parties: K. v. FIFA & Manuel Henrique Tavares Fernandes
Case number: CAS 2022 A 8953
Outcome: CAS upheld the FIFA DRC decision that the player had just cause to terminate his contract due to unpaid salaries, and confirmed the club's registration ban for two consecutive periods.
Quantum: EUR 366,400 outstanding remuneration plus EUR 290,100 compensation (reduced by EUR 4,184.50 for mitigation)
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Articles 14bis and 17
Issues in play: The case involved the interaction between FIFA's uniform regulations and national law (Turkish law) regarding interest rates and contractual interpretation. The FIFA DRC and CAS applied FIFA RSTP and general principles of law, rejecting the club's argument that Turkish law should govern interest.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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