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2012 Football Contractual litigations Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: A.
Appellant Representative: Arnold Vahrenwald
Respondent: FC OFI Crete

Arbitrators

President: Efraim Barak

Decision Information

Decision Date: November 28, 2013

Case Summary

The case involves a dispute between a professional football player and FC OFI Crete regarding the unilateral termination of an employment contract, adjudicated by the Court of Arbitration for Sport (CAS). The player, a Serbian national, signed a contract with the Greek club in 2008 as a minor, with an extension in 2009. The club failed to meet financial obligations, including unpaid signing fees, salaries, and additional benefits like housing and meals, leading the player to terminate the contract and file a claim with FIFA. The FIFA Dispute Resolution Chamber (DRC) partially accepted the player's claims, ordering the club to pay outstanding amounts plus interest and compensation for breach of contract. The club appealed to CAS, which upheld the DRC's ruling, emphasizing the club's breach of contract and the player's justified termination. The CAS highlighted the club's violation of FIFA regulations, including the illegal registration of a minor and the breach occurring within the protected period of the contract, which justified increased compensation under the "specificity of sport" principle. The player sought additional damages, including unpaid rental fees, meal allowances, and compensation for career harm, but these were largely dismissed due to insufficient evidence or procedural limitations. The CAS awarded the player EUR 15,800 for damages, plus 5% annual interest, and an additional EUR 12,000 under the specificity of sport principle, considering aggravating factors like the club's negligence and the player's difficulties in finding new employment. The total compensation amounted to EUR 47,000 for unpaid salaries and EUR 27,800 for breach of contract, with specified interest. The case underscores the importance of contractual adherence in professional football, the legal consequences of breaching agreements, and the role of arbitration in resolving disputes. The CAS decision reflects a balance between compensating the player for the club's violations and ensuring claims are substantiated with evidence. The ruling also highlights the challenges players face in mitigating damages during contractual disputes and the broader implications of regulatory compliance in sports. The appeal was partially upheld, with all other relief requests dismissed.

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