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2009 Football Transfer Dismissed FR Appeal Procedure

Parties & Representatives

Appellant Representative: Patricia Moyersoen; Nicolas Bone
Respondent Representative: Nathalie Brandon

Arbitrators

President: Olivier Carrard

Decision Information

Decision Date: May 6, 2010

Case Summary

The Court of Arbitration for Sport (CAS) ruled on a dispute between Le Mans Union Club 72 and Club Olympique de Bamako regarding the status of a player, referred to as A., and the associated training compensation. The case originated when Bamako claimed training compensation after A. transferred from Bamako to Djoliba Athletic Club in Mali and later to Le Mans in France. The central issue was whether A. was an amateur or professional during his time in Mali, as this determined Bamako's entitlement to compensation under FIFA's Regulations on the Status and Transfer of Players (RSTP).

The CAS examined several legal questions, including the definition of a professional player under FIFA rules, which requires a written contract and remuneration exceeding actual expenses. The arbitrator found that A. was an amateur while at Bamako (1998–2006), as he received only small match bonuses and no formal salary, confirmed by the Malian Football Federation (FMF). Although A.'s move to Djoliba in 2006 involved a transfer fee and an agent, the absence of a written contract or verifiable salary payments meant his professional status could not be established.

Le Mans argued that Djoliba had misled them about A.'s status and sought to involve Djoliba in the proceedings, but the CAS ruled this unnecessary since Djoliba had not participated in the initial FIFA proceedings. The CAS upheld FIFA's decision that Bamako was entitled to training compensation, set at €480,000 for eight seasons, despite Bamako's initial failure to specify the amount. The ruling clarified that procedural delays did not invalidate the claim, and interest would accrue 30 days after the CAS decision's notification.

The case highlighted the importance of documented contracts and remuneration in determining player status, emphasizing that FIFA's definitions override national regulations. The arbitrator dismissed Bamako's counterclaims for moral damages and pre-2007 interest, as these were unsupported by FIFA rules or Swiss law. The final decision reinforced the need for clubs to verify player statuses rigorously and adhere to FIFA's regulatory framework in international transfers. The ruling underscored CAS's role in resolving complex disputes in football transfers, ensuring consistency in applying FIFA regulations.

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