CAS 2023 A 9990
CAS · Football (FIFA / CAS) · Switzerland · 10 Oct 2024
Why it matters
This case clarifies the assessment of 'international dimension' in football disputes involving dual-nationality players, confirming that the nationality registered with the football federation governs jurisdiction. It also reinforces the strict application of Article 14bis RSTP for just cause termination due to unpaid salaries, and the principle that respondents cannot seek additional relief without filing an independent appeal. The decision underscores the importance of proper registration and the limits of CAS de novo review.
Summary
FC Ballkani appealed a FIFA DRC decision that found the player, Leonit Abazi, had just cause to terminate his contract due to unpaid salaries and lack of medical support. The Club argued the dispute lacked international dimension because the player also held Kosovar nationality, but the CAS Sole Arbitrator upheld FIFA's jurisdiction, noting the player was registered as Albanian with the FFK. The tribunal confirmed the player's just cause termination under Article 14bis RSTP, as the Club failed to pay at least two monthly salaries despite a 16-day deadline. The Club was ordered to pay EUR 68,000 in outstanding salaries, EUR 10,000 in medical expenses (reduced from EUR 14,572.52 due to insufficient evidence), and EUR 143,000 as compensation for breach (the residual value of the contract). The Player's request for additional bonuses was rejected as he did not file an independent appeal. The Club's appeal was partially upheld only on the medical expenses reduction, and it was ordered to pay CHF 5,000 towards the Player's legal costs.
The detail
Parties: FC Ballkani v. Leonit Abazi & FIFA
Case number: CAS 2023 A 9990
Outcome: FC Ballkani's appeal partially upheld; FIFA DRC decision confirmed except medical expenses reduced from EUR 14,572.52 to EUR 10,000; Club ordered to pay EUR 68,000 outstanding remuneration, EUR 10,000 medical expenses, EUR 143,000 compensation, plus interest and CHF 5,000 towards Player's legal fees.
Quantum: EUR 221,000 (EUR 68,000 + EUR 10,000 + EUR 143,000) plus interest and CHF 5,000 costs
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law (Code of Obligations), CAS Code of Sports-related Arbitration
Issues in play: The dispute involved the international dimension requirement under FIFA RSTP Article 22(1-b) for FIFA jurisdiction, and the conditions for just cause termination under Article 14bis RSTP. The Club argued the player's dual nationality (Kosovo and Albania) meant the dispute was domestic, but the tribunal held the player's Albanian nationality registered with FFK established an international dimension.
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.