The case involves a contractual dispute between professional football player Abdelali Boussaboun and Al-Nasr S.C., which was brought before the Court of Arbitration for Sport (CAS) after an initial ruling by the FIFA Dispute Resolution Chamber (FIFA DRC). The dispute centered on an employment contract signed in July 2009, which stipulated a total remuneration of EUR 800,000 for the player, along with additional benefits such as accommodation, a car, and medical insurance. The contract also outlined the player's obligations, including participation in matches and training sessions, with penalties for breaches like missed sessions or unauthorized absences.
Boussaboun filed a claim with FIFA DRC in September 2012, seeking unpaid salaries from January to July 2010, totaling EUR 291,662, plus interest. The club countered by alleging the player had violated his contract by missing training sessions and leaving the country without permission, justifying their refusal to pay the outstanding salaries. The club also filed a counterclaim for EUR 1,433,338, citing the player's breaches and unjust termination of the contract. The FIFA DRC rejected both claims in July 2013, finding insufficient evidence from either party to substantiate their positions. The DRC noted the player's prolonged absences but also criticized the club for failing to adequately warn him or demonstrate interest in retaining his services.
The player appealed to CAS, arguing the FIFA DRC's decision was flawed. The CAS panel, led by a sole arbitrator, examined the case and upheld the principle that deregistering a player without compelling evidence of absence from official matches and training sessions constitutes a breach of contract. The club's actions prevented the player from participating in competitive matches, infringing on his professional rights. Additionally, the failure to pay salaries after deregistration was deemed another breach, relieving the player of his obligations while entitling him to outstanding remuneration until the contract's expiration.
The CAS award, issued in September 2014, reinforced the legal stance that clubs must provide substantial evidence to justify deregistering a player and highlighted the importance of contractual adherence in employment disputes. The arbitrator ruled that the club could not demand the player's performance after deregistering him and stopping his salary payments. However, the player's unauthorized leave in January 2010 warranted a fine of EUR 25,000, which was deducted from the outstanding salaries. The player's claim for unpaid salaries was partially upheld, resulting in a net payment of EUR 266,662. The club was also ordered to pay 5% annual interest on each monthly salary installment from their respective due dates.
The CAS decision set aside the FIFA DRC's original ruling and resolved the financial dispute in favor of the player, with adjustments for the imposed fine and interest payments. The case underscores the complexities of contractual disputes in professional sports, emphasizing the need for proper documentation, procedural fairness, and the protection of players' rights. The ruling serves as a precedent for similar disputes, balancing the rights and obligations of both players and clubs under employment contracts.