The Court of Arbitration for Sport (CAS) case 2007/A/1338 involved a dispute between SASP Le Havre Athletic Club (Le Havre) and AS Vita Club de Kinshasa (AS Vita) regarding the transfer and training compensation of a Congolese player, M. The case centered on whether AS Vita was entitled to training compensation for M., who was registered with them from 2003 to 2005 before being transferred to Le Havre in 2005. Le Havre signed a professional contract with M. on August 25, 2005, following a transfer agreement with AS Vita Mbujimayi, a Congolese club, which confirmed exclusive rights to the player. Le Havre paid a transfer fee of €80,000, but AS Vita later claimed €225,000 in training compensation under FIFA regulations, arguing they had trained M. during his registration period.
The dispute was initially brought before FIFA's Dispute Resolution Chamber (DRC), which ruled in favor of AS Vita, ordering Le Havre to pay the compensation. Le Havre appealed to the CAS, contesting the validity of the transfer and the training compensation claim. The CAS examined procedural and substantive issues, including whether AS Vita had validly withdrawn its claim during proceedings and whether it was properly represented. The CAS dismissed procedural objections, confirming the case could proceed.
On the merits, the CAS analyzed whether M.'s transfer from AS Vita Mbujimayi to AS Vita was a loan or permanent transfer. Le Havre argued the loan was invalid under FIFA rules, as M. was an amateur at the time, and only professional players can be loaned. The CAS found insufficient evidence to support the loan claim, noting inconsistencies in documentation from the Congolese Football Federation (FECOFA) and the absence of a clear contractual relationship. The tribunal concluded the transfer was not valid under FIFA regulations, thus invalidating AS Vita's claim for training compensation.
The CAS also addressed Le Havre's argument that the transfer contract was tainted by fraud, as AS Vita Mbujimayi allegedly concealed M.'s prior registration with AS Vita. Under Swiss law, a contract induced by fraud can be annulled if the deceived party acts within one year of discovering the fraud. Le Havre failed to annul the contract within this period, effectively ratifying it. The tribunal emphasized that Le Havre was bound by its representatives' actions and could not shift liability due to negligence.
Regarding training compensation, the CAS upheld FIFA's principle that clubs training players are entitled to compensation when the player signs their first professional contract. However, since the initial transfer was deemed invalid, AS Vita's claim was dismissed. The tribunal also rejected AS Vita's request for additional damages, citing lack of evidence.
Ultimately, the CAS ruled in favor of Le Havre, overturning the DRC's decision and absolving Le Havre of the obligation to pay training compensation. The case underscored the importance of clear contractual evidence, adherence to FIFA regulations, and the need for clubs to diligently verify player registrations. The decision reinforced the CAS's role in ensuring fair resolution of disputes while upholding the integrity of football's regulatory framework.