CAS 2022 A 9248
CAS · Football (FIFA / CAS) · Switzerland · 17 Jan 2024
Why it matters
This case is significant because it addresses the issue of forum shopping in sports employment disputes, where a player filed parallel claims before FIFA and a national labour court. The CAS upheld the FIFA DRC's decision to dismiss the claim as inadmissible due to the player's manipulative conduct, reinforcing the importance of good faith and the integrity of dispute resolution mechanisms in international football.
Summary
Joris Gnagnon, a French professional footballer, was employed by Sevilla FC under a contract governed by Spanish law and FIFA regulations. After Sevilla terminated his contract for disciplinary reasons (repeated overweight and lateness), Gnagnon filed a claim with the FIFA Dispute Resolution Chamber (DRC) on 12 October 2021, seeking compensation. The next day, he also filed a conciliation request in Spain, which led to a claim before the Labour Court of Sevilla. Gnagnon initially indicated he would seek suspension of the Spanish proceedings in favour of FIFA, but he never did. Instead, he withdrew the Spanish claim on 22 April 2022, after Sevilla had filed a counterclaim there. The FIFA DRC dismissed his claim as inadmissible, finding that Gnagnon engaged in forum shopping by running two parallel proceedings and then dropping the Spanish claim to avoid Sevilla's counterclaim. Gnagnon appealed to the CAS. The CAS panel confirmed that FIFA had jurisdiction under its regulations, but agreed that Gnagnon's conduct constituted forum shopping, which violated the principle of good faith. The panel noted that Gnagnon deliberately manipulated the system to gain a procedural advantage. Therefore, the appeal was dismissed, and the FIFA DRC decision was upheld. The case highlights the tension between FIFA's dispute resolution system and national labour courts, and the consequences of abusive procedural tactics.
The detail
Parties: Joris Gnagnon v. Sevilla Football Club and FIFA
Case number: CAS 2022 A 9248
Outcome: The CAS panel dismissed the appeal, upholding the FIFA DRC decision that the claim was inadmissible due to forum shopping.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Spanish labour law (Royal Decree 1006/85), Swiss law (PILA, SCO), and the CAS Code of Sports-related Arbitration.
Issues in play: The case involved a conflict between FIFA's jurisdiction under its regulations and the exclusive jurisdiction of Spanish labour courts over employment disputes, as well as the principle of lis pendens versus forum shopping.
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.