CAS 2023 A 9795
CAS · Football (FIFA / CAS) · Switzerland · 26 Apr 2024
Why it matters
This case clarifies that a player's contractual share of a future transfer fee is considered remuneration under FIFA RSTP, and a general release in a termination agreement does not waive that right unless explicitly stated. It reinforces the principle that players are entitled to a share of their own transfer value, consistent with FIFA's anti-TPO/TPI policies.
Summary
The case concerns a dispute between Portuguese club GD Chaves and Cape Verdean player Kevin Lenini over a 20% share of the player's transfer fee. The player and club signed an employment contract giving the player 20% of the net transfer fee. The contract was terminated by mutual agreement when the player transferred to FC Krasnodar for EUR 1.2 million. The termination agreement contained a general release stating the player had nothing further to claim. The player later demanded EUR 120,000 (20% of the first instalment). The club refused, citing the release. FIFA DRC ruled for the player, finding the release insufficiently clear to waive the economic rights. The club appealed to CAS. The CAS sole arbitrator upheld the DRC decision, holding that the 20% share was part of the player's remuneration and that a general release does not waive such a specific right without explicit mention. The award confirms that players retain economic rights in their own transfers unless expressly renounced.
The detail
Parties: GD de Chaves v. Lenini & FIFA
Case number: CAS 2023 A 9795
Outcome: Appeal dismissed; FIFA DRC decision confirmed; Club ordered to pay player EUR 120,000 plus 5% interest from 1 October 2022, and CHF 5,000 towards player's legal costs.
Quantum: EUR 120,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Portuguese law, CAS Code of Sports-related Arbitration
Issues in play: Whether the player's 20% share of the transfer fee was part of his remuneration and whether the Termination Agreement waived that right. The tribunal held that economic rights are part of remuneration and require explicit waiver.
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.