Mikhail Danilyuk v. Football Union of Russia (RFU) & Football Club Shinnik (CAS 2015/A/4368)
CAS · Football (FIFA / CAS) · Switzerland · 11 July 2016
Why it matters
This case clarifies that changes to a sports federation's regulations cannot retroactively strip jurisdiction from its dispute resolution bodies over claims already filed. It reinforces the principle tempus regit actum in sports arbitration, protecting claimants' rights to have their disputes heard under the rules in force when they initiated proceedings. The award also provides guidance on interest rates for late payment of contractual debts in US dollars.
Summary
Mikhail Danilyuk, a licensed football agent, entered into an agency agreement with FC Shinnik in August 2011. The contract provided for a fixed fee of $50,000 plus additional remuneration of $50,000 per season if the player participated in official games. Danilyuk successfully negotiated the player's transfer, and the club paid the initial fee. However, the club refused to pay the additional $50,000 for the 2013-14 season. Danilyuk filed a claim with the RFU Dispute Resolution Chamber (DRC) on 2 December 2014. The DRC initially suspended the case pending a related CAS appeal, then after that appeal succeeded, the DRC ordered the club to pay $50,000. Both parties appealed to the RFU Players Status Committee (PSC), which on 31 August 2015 annulled the DRC decision, ruling that changes to RFU regulations effective 1 April 2015 had removed Danilyuk's status as a 'football subject' and thus the DRC's jurisdiction. Danilyuk appealed to CAS. The Sole Arbitrator held that the PSC erred: the principle tempus regit actum means that jurisdiction existing when a claim is filed cannot be retroactively removed without clear intention, which was absent here. On the merits, the player had participated in the 2013-14 season, triggering the additional payment. The club was ordered to pay $50,000 plus 5% interest from 14 October 2014, the due date. The award also noted that previous CAS decisions are not binding precedents, though they deserve respect.
The detail
Parties: Mikhail Danilyuk v. Football Union of Russia (RFU) & Football Club Shinnik
Case number: CAS 2015/A/4368
Outcome: Appeal upheld; PSC decision set aside; FC Shinnik ordered to pay $50,000 plus 5% interest from 14 October 2014.
Quantum: $50,000 plus interest
Applicable law: RFU Statutes and Regulations; Russian Civil Code Article 395; CAS Code of Sports-related Arbitration
Issues in play: The principle tempus regit actum (time governs the act) was applied to determine whether changes in RFU regulations after a claim was filed could retroactively remove the DRC's jurisdiction. The Sole Arbitrator held that jurisdiction existing at the time of filing cannot be removed without clear intention.
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.