Yassine Chikhaoui v. Stéphane Canard (CAS 2011/A/2506)
CAS · Football (FIFA / CAS) · Switzerland · 21 February 2012
Why it matters
This case clarifies the interplay between FIFA regulations and national law regarding contracts signed by minor players. It establishes that under Tunisian law, a minor can raise a plea of nullity even after the one-year rescission period, and that breaching an exclusive agreement does not constitute voluntary execution. The decision also sets a standard for notification of FIFA decisions, requiring actual receipt rather than constructive notice.
Summary
Yassine Chikhaoui, a Tunisian footballer, signed an exclusive representation agreement with agent Stéphane Canard in 2005 when he was 19. Under Tunisian law, the age of majority is 20, so Chikhaoui was a minor of limited capacity. The agreement was not co-signed by his legal guardian. After the signing, Canard contacted several clubs but had no further contact with Chikhaoui. In 2007, Chikhaoui signed a contract with FC Zurich through another agent without involving Canard. Canard filed a claim with FIFA, which ordered Chikhaoui to pay CHF 45,000. Chikhaoui appealed to CAS. The sole arbitrator first addressed the timeliness of the appeal, finding that FIFA's notification by registered mail was not effective because Chikhaoui did not actually receive it until later. On the merits, the arbitrator applied Art. 12(11) of the FIFA Players' Agents Regulations, which refers to the national law of the player's domicile (Tunisia). Under Tunisian law, a minor's contract is voidable, not void. The minor can either file an action for rescission within one year of reaching majority or raise a plea of nullity at any time. Chikhaoui raised the plea of nullity in the FIFA proceedings. The arbitrator found that Chikhaoui did not voluntarily execute the contract (e.g., by accepting Canard's services) and therefore was not precluded from raising the plea. Consequently, the contract was voidable, and Canard had no claim. The appeal was upheld, and the FIFA decision annulled.
The detail
Parties: Yassine Chikhaoui v S. Canard
Case number: CAS 2011/A/2506
Outcome: Appeal upheld; FIFA decision annulled; agent's claim dismissed.
Applicable law: FIFA Players' Agents Regulations (Art. 12(11)), Tunisian Code of Obligations and Contracts (TCO), Swiss law (PILA)
Issues in play: Tunisian law on minority and capacity (Art. 6-8, 330, 331, 335, 337, 338 TCO) vs. FIFA regulations; whether a minor can raise a plea of nullity after the one-year rescission period.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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