The case CAS 2011/A/2597 Anorthosis Famagusta FC v. Heinz Peter Vollmann, decided by the Court of Arbitration for Sport (CAS) on 29 February 2012, involved a dispute between the Cypriot football club Anorthosis Famagusta FC and its former assistant coach Heinz Peter Vollmann regarding the termination of his employment contract. The dispute arose after the club terminated Vollmann's contract on 31 July 2009, citing poor team performance following their elimination from the Euro League qualification round. Vollmann contested the termination, arguing that sporting results alone did not justify dismissal and that he was unfairly singled out while other staff members were retained. He filed a claim with FIFA, seeking unpaid salaries and bonuses.
The CAS panel, composed of Lars Hilliger, Pantelis Dedes, and Goetz Eilers, addressed several key legal issues. They ruled that while FIFA's Regulations on the Status and Transfer of Players (RSTP) primarily concern players, certain provisions (Articles 22 and 23) extend to coaches, granting FIFA's Players' Status Committee jurisdiction over such disputes unless the contract specifies a national arbitration tribunal. The panel also held that poor sporting results alone do not constitute just cause for termination and that Article 17 of the RSTP, which governs compensation for players, does not apply to coaches.
Under Swiss law (Article 337c of the Swiss Code of Obligations), the panel found that the club had terminated Vollmann's fixed-term contract without just cause, entitling him to compensation for the remaining contract period. The club was ordered to pay outstanding salaries minus any earnings Vollmann obtained or could have obtained through reasonable efforts after termination (mitigation principle). The panel dismissed Vollmann's claim for bonuses due to insufficient evidence of entitlement.
The club argued that Vollmann had breached internal regulations and failed to maintain team discipline, leading to UEFA sanctions and financial losses. They also referenced a probationary period under Cyprus law to justify dismissal without notice. However, the panel found the club failed to provide sufficient evidence of these breaches or prove that Vollmann was aware of the internal regulations. The club further claimed Vollmann's subsequent employment with FC Hansa Rostock should mitigate compensation, but the panel rejected this argument due to insufficient evidence, as Vollmann's contract with Hansa Rostock began only after his original contract had expired.
The CAS upheld FIFA's decision in favor of Vollmann, emphasizing that clubs cannot terminate coaching contracts solely based on poor results and must adhere to contractual and legal obligations. The panel affirmed the FIFA Players' Status Committee's award of EUR 80,000 in unpaid salaries plus 5% interest from January 24, 2011, and dismissed all other claims. The club was ordered to bear all procedural costs. The case clarifies the limited applicability of FIFA regulations to coaches and reinforces the principle that employment disputes should be resolved in accordance with national law unless explicitly governed by international agreements. The ruling underscores the importance of credible evidence and proper procedure in justifying terminations and resolving employment disputes in international sports.