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2011 Football Contractual litigations Dismissed FR Appeal Procedure

Parties & Representatives

Appellant: Raja Club Athletic
Appellant Representative: Med Saiboud
Respondent Representative: Luca Tettamanti

Arbitrators

President: François Klein

Decision Information

Decision Date: June 28, 2012

Case Summary

The case involves a dispute between Raja Club Athletic (Raja), a Moroccan football club, FC Chiasso (Chiasso), a Swiss football club, and the player Iajour Mouhssine, decided by the Court of Arbitration for Sport (CAS) on June 28, 2012. The dispute centered on the validity and termination of a professional contract between Raja and the player, as well as Chiasso's involvement in the matter. The player had signed a five-season contract with Raja in 2004, later joining Chiasso in 2007. Raja alleged wrongful termination of the contract and sought compensation, while Chiasso denied wrongdoing, claiming the player was not contractually bound to Raja. The FIFA Dispute Resolution Chamber (DRC) partially upheld Raja's claim, ordering the player to pay €52,250 for contract termination and holding Chiasso jointly liable. Raja appealed to the CAS, which confirmed the DRC's decision, ruling the contract valid and Chiasso negligent for failing to verify the player's contractual status. The CAS rejected Raja's subsidiary claim for training compensation, stating such claims must first be submitted to FIFA. The panel also determined the contract termination occurred outside the "protected period" under FIFA regulations, meaning no sporting sanctions could be imposed. Compensation was calculated based on the player's remaining salary with Raja and earnings with Chiasso, resulting in the upheld award of €52,250. The CAS emphasized the importance of due diligence in player transfers and adherence to contractual and regulatory obligations, ultimately dismissing all other claims and confirming the DRC's decision as fair and appropriate. The ruling underscores the complexities of football contract disputes and the procedural rigor required in sports arbitration.

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