The case revolves around a contractual dispute between professional football player Ivan Laurentiu Marian and his former club, C.S. Otopeni, concerning unpaid wages and the validity of an alleged amendment to their original employment contract. The original contract, signed in July 2008, stipulated fixed payments over three seasons (2008–2011). Marian claimed unpaid wages for the 2009–2010 and 2010–2011 seasons, totaling EUR 35,500 and EUR 26,000, respectively. The club countered by presenting an amendment signed in December 2010, which purportedly waived the player's outstanding wages for the 2009–2010 season and reduced his salary by 50% for the 2010–2011 season. Marian contested the amendment's validity, arguing he had only signed a single-page document ("Nominal Table") acknowledging receipt of a bank card, not a contractual amendment. He provided witness statements and other evidence to support his claim, while the club submitted the amendment bearing its letterhead, signatures, and a registration stamp from the Romanian Football Federation (RFF).
The National Dispute Resolution Chamber of the RFF initially ruled in favor of the club, accepting the amendment as valid and awarding Marian only half of the claimed wages for the 2010–2011 season. Marian appealed to the Court of Arbitration for Sport (CAS), arguing the club failed to prove the amendment's authenticity and that he had not willingly forfeited his contractual rights. The CAS panel, led by sole arbitrator Quentin Byrne-Sutton, found Marian's evidence convincing and noted the club's failure to substantiate its claims with expert authentication or clear explanations. The panel ruled that the original contract remained valid, entitling Marian to the full unpaid wages. The CAS also addressed the issue of interest on late payments, noting Romanian law should apply but rejecting Marian's request for a 5% interest rate due to insufficient evidence.
The case highlights procedural complexities, including the admissibility of late submissions and the burden of proof in contractual disputes. The club's reliance on the amendment was undermined by inconsistencies, such as the lack of player signatures on the substantive terms page and the absence of counter-evidence from other players. Witness statements supported Marian's claim that the Nominal Table was a standalone document unrelated to any contractual amendment. The CAS ultimately overturned the RFF's decision, awarding Marian the full EUR 74,500 in unpaid wages but dismissing the interest claim due to lack of substantiation. The ruling underscores the importance of clear, verifiable documentation in employment disputes and the necessity for clubs to properly substantiate any changes to players' contractual rights. The final decision, issued on 31 January 2012, emphasized procedural fairness and the application of relevant legal standards in sports arbitration.