The case involves a contractual dispute between FC Dnipro Dnipropetrovsk, a Ukrainian football club, and Dorian Bylykbashi, an Albanian professional footballer. The conflict arose from an employment contract (Contract No. 2) signed on 1 August 2008, valid until 30 June 2011, which stipulated a monthly salary of USD 45,000 for Bylykbashi. Shortly after signing, Dnipro’s coach was replaced, and the new management informed Bylykbashi he was no longer needed. Consequently, he continued playing for his former club, FC Kryvbas Kryvyy Rig, under subsequent contracts (Contracts No. 3 and No. 4), which were registered with FIFA, unlike Contract No. 2. When Contract No. 4 expired in June 2010, Bylykbashi returned to Dnipro but was again rejected. In August 2010, Dnipro offered to compensate him if he signed with another club for a lower salary, but Bylykbashi’s legal counsel later terminated Contract No. 2, citing unpaid wages and exclusion from training and matches, and demanded USD 540,000 in unpaid salaries. Dnipro did not respond, and Bylykbashi signed with Albanian club FK Elbasani in January 2011 for a reduced salary.
Bylykbashi filed a claim with FIFA, which ruled in his favor, leading Dnipro to appeal to the Court of Arbitration for Sport (CAS). The CAS panel, applying Swiss law, determined that FIFA registration is an administrative act and does not affect contract validity. It found that Bylykbashi’s non-performance was due to Dnipro’s exclusion of him, not his own failure, and upheld the contract’s validity. The panel dismissed Dnipro’s arguments, including their claim of unawareness of FIFA proceedings due to the Football Federation of Ukraine’s failure to forward correspondence. The CAS emphasized that Dnipro’s unilateral exclusion of the player did not invalidate the contract and confirmed the club’s obligation to compensate Bylykbashi. The ruling upheld FIFA’s decision, ordering Dnipro to pay USD 502,532 with a 5% annual interest penalty for late payment, and dismissed all other relief requests by Dnipro. The case underscores the enforceability of football contracts and the consequences of unilateral breaches by clubs. The CAS decision is final and binding, concluding the dispute in favor of Bylykbashi.