The case involves a dispute between professional footballer Alexis Enam and Club Al Ittihad Tripoli, a Libyan football club, over the alleged breach of an employment contract signed in September 2005 for a two-year term. The conflict arose when Enam was called up by the Cameroonian Football Federation (CFF) for national team duties, including a qualifying match for the 2008 Olympic Games. Although the club initially agreed to release him for five days, Enam did not return on time, citing passport issues. He later participated in the All Africa Games without the club's permission, further delaying his return. The club filed a claim with FIFA's Dispute Resolution Chamber (DRC), which ruled in favor of the club, imposing a USD 2,000 fine on Enam and banning the CFF from calling him up for the next match.
The dispute escalated when Enam obtained a new passport and signed a contract with Tunisian club Club Africain without terminating his agreement with Al Ittihad Tripoli. The Libyan Football Federation refused to issue an International Transfer Certificate (ITC), prompting Club Africain and the Tunisian Football Federation to seek FIFA's intervention. The DRC ruled that Enam had breached his contract without just cause, ordering him to pay USD 45,000 in compensation, with Club Africain jointly liable. Enam was also banned from official matches for four months. Enam appealed to the Court of Arbitration for Sport (CAS), arguing he had valid reasons for not returning, including lack of permanent residence papers.
CAS examined the case under FIFA regulations and Swiss law, as the contract lacked a choice-of-law clause. The panel upheld the DRC's decision, confirming Enam's breach of contract during the protected period and maintaining the compensation and playing ban. The panel also addressed legal principles such as res judicata, which prevents relitigation of the same dispute between the same parties. The damage to the club was categorized into material damage, loss of profits, and non-pecuniary loss. Club Africain was found jointly and severally liable for compensation under FIFA rules, regardless of its involvement in the breach.
The CAS panel partially upheld the appeal, reducing the compensation to USD 20,000 plus interest, based on the remaining contract period (73 days out of 730) and Enam's salary for that period. The club's claims for sporting prejudice and recruitment costs were dismissed due to lack of evidence. The panel also ruled that the club lacked standing to challenge the sporting sanctions imposed on Enam, as these primarily concerned FIFA and Club Africain. The case highlights the complexities of international football contracts, the role of FIFA and CAS in dispute resolution, and the legal principles governing such conflicts. It underscores the importance of contractual obligations and the consequences of their breach in professional football, balancing legal standards with the unique demands of the sport. The final decision reinforced fairness and specificity in resolving disputes within the football world.