CAS 2024/A/11034 Yukatel Adana Demirspor A.Ş. v. Pape Abou Cissé & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 5 Aug 2025
Why it matters
This case clarifies the conditions for a valid mutual termination agreement in football, emphasizing that a condition precedent (first payment) must be fulfilled for the agreement to take effect. It also applies the duty to mitigate damages under Swiss law, confirming that the burden of proof lies on the club to show the player acted in bad faith. The award demonstrates the CAS's approach to calculating compensation under Article 17 RSTP, including deduction of actual earnings from a new contract.
Summary
The case concerns a dispute between Turkish club Yukatel Adana Demirspor and Senegalese player Pape Abou Cissé. The player signed an employment contract until June 2026. After the club failed to pay salaries, the player proposed a payment schedule, which the club accepted. The schedule required a first payment of EUR 250,000 by 14 June 2024 as a condition for the agreement to take effect. The club paid only EUR 50,000 and missed the deadline. The player then terminated the contract for just cause and filed a claim with FIFA. The FIFA DRC awarded outstanding remuneration and compensation. The club appealed to CAS, arguing that a mutual termination agreement had been reached. The CAS Panel found that the player's email made the agreement conditional on the first payment, which was not made, so no termination agreement existed. The Panel upheld the FIFA DRC's finding of just cause but reduced the compensation from EUR 2,197,500 to EUR 2,011,167.50, deducting the player's actual earnings from a short-lived contract with Al Shamal. The club's request for further mitigation based on hypothetical future earnings was rejected because the club failed to prove the player acted in bad faith. The registration ban was upheld.
The detail
Parties: CAS 2024/A/11034 Yukatel Adana Demirspor A.Ş. v. Pape Abou Cissé & FIFA
Outcome: Appeal partially upheld; club ordered to pay EUR 381,748.14 outstanding remuneration and EUR 2,011,167.50 compensation; registration ban upheld for summer 2025.
Quantum: EUR 2,392,915.64
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Articles 14bis and 17; Swiss Code of Obligations (SCO) Article 337c; CAS Code of Sports-related Arbitration.
Issues in play: Whether a conditional termination agreement was validly concluded; application of Article 17 RSTP on compensation for breach of contract and mitigation of damages under Article 337c SCO.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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