TAS 2020 A 7224 Nasr Athletique de Hussein Dey c. Yaly Mohamed Dellah & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 21 Oct 2021
Why it matters
This case confirms the strict application of FIFA's RSTJ on just cause termination for non-payment of salaries. It clarifies that a player's notice need not follow specific formalities; the club's acknowledgment of the debt suffices. It also applies the mitigation principle, deducting salaries earned under a new contract from the compensation. The decision reinforces the primacy of FIFA's dispute resolution bodies over national arbitration clauses unless the national body meets strict independence criteria.
Summary
The case concerns an appeal by Algerian club Nasr Athletique de Hussein Dey (NAHD) against a FIFA Dispute Resolution Chamber (DRC) decision of 23 April 2020. The DRC had found that the player Yaly Mohamed Dellah had just cause to terminate his employment contract with NAHD due to unpaid salaries (October and November 2019). The DRC ordered NAHD to pay arrears of DZD 3,338,960.44 and compensation of DZD 33,389,604.40 for breach of contract, plus interest. NAHD appealed to the Court of Arbitration for Sport (CAS), arguing primarily that the FIFA DRC lacked jurisdiction because the contract designated the Algerian national dispute resolution chamber (CNRL) as the competent body. NAHD also argued that the player's notice was invalid (unsigned, no bank details) and that the termination was without just cause. The CAS panel rejected the jurisdiction argument, finding that the CNRL did not meet FIFA's criteria for an independent arbitral tribunal (lack of parity and procedural guarantees). On the merits, the panel held that the player's notice complied with Article 14bis RSTJ: it was in writing, gave 15 days, and the club acknowledged receipt and the debt. The club's failure to pay was therefore a breach giving just cause. The panel applied Article 17 RSTJ to calculate compensation based on the residual value of the contract (DZD 33,389,604.40). However, because the player had signed a new contract with a Libyan club (Al Naser Sport Club) on 5 November 2020, the panel applied the mitigation principle and deducted the salaries earned under the new contract (USD 32,500, equivalent to DZD 4,444,450) from the compensation, but then added an additional amount of up to three months' salary under Article 17(2) RSTJ, resulting in the same total. The appeal was dismissed, and the DRC decision confirmed. The club was ordered to pay the player CHF 3,000 towards legal costs.
The detail
Parties: TAS 2020 A 7224 Nasr Athletique de Hussein Dey c. Yaly Mohamed Dellah & FIFA
Outcome: The appeal was dismissed; the FIFA DRC decision was confirmed; the club must pay the player DZD 33,389,604.40 as compensation plus interest and arrears.
Quantum: DZD 33,389,604.40
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTJ), particularly Articles 14bis and 17; CAS Code of Sports-related Arbitration
Issues in play: The case involved the interpretation of Article 14bis RSTJ (just cause for termination due to unpaid salaries) and Article 17 RSTJ (calculation of compensation). The club argued that the player's notice was invalid, while the player claimed just cause.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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