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CAS 2024/4/10975 Bursaspor Kulübü Derneji v. Massimo Bruno & FIFA (CAS)

Why it matters

This case clarifies that a settlement agreement in football disputes becomes null and void if a party fails to pay an instalment on time, even if other payments were made. It also confirms that the FIFA Disciplinary Committee has jurisdiction to enforce DRC decisions and that partial payments are allocated proportionally across all amounts due, including interest, unless the debtor specifies otherwise.

Summary

Bursaspor Kulübü Derneği (the Club) appealed a FIFA Disciplinary Committee (FIFA DC) decision that imposed sanctions for failing to comply with a FIFA DRC award. The DRC had ordered the Club to pay player Massimo Bruno EUR 891,000 (outstanding salary and compensation). After the DRC decision, the parties signed a Settlement Agreement reducing the amount to EUR 50,000 upfront plus 24 monthly instalments of EUR 15,000. The agreement stated that if the Club failed to pay the first instalment (EUR 50,000 by 20 Jan 2023) or the second instalment (EUR 65,000 by 28 Feb 2023), the agreement would become null and void. The Club paid the first instalment on time but paid the EUR 65,000 instalment late (on 11 April 2023). The Player argued the agreement was void, and the FIFA DC agreed, imposing a ban on registering new players and a CHF 30,000 fine. The Club appealed to CAS, arguing that the late payment should not void the agreement and that the EUR 110,000 already paid should be deducted only from the compensation amount, not proportionally. The Sole Arbitrator dismissed the appeal, holding that the clear wording of the agreement made it null and void upon late payment of the EUR 65,000 instalment. He also confirmed that partial payments are allocated proportionally across all amounts (including interest) under Swiss law, as the Club did not specify otherwise. The CAS award upheld the FIFA DC decision.

The detail

Parties: CAS 2024/4/10975 Bursaspor Kulübü Derneji v. Massimo Bruno & FIFA

Outcome: Bursaspor's appeal dismissed; FIFA Disciplinary Committee decision confirmed; Bursaspor ordered to pay CHF 4,000 towards Bruno's legal fees.

Quantum: CHF 4,000 (legal fees contribution)

Applicable law: FIFA Regulations on the Status and Transfer of Players; Swiss Code of Obligations (subsidiary); FIFA Disciplinary Code (2023 edition)

Issues in play: Interpretation of settlement agreement nullity clauses under Swiss law (Art. 18 SCO) and allocation of partial payments under Art. 85-86 SCO.

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

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