The Court of Arbitration for Sport (CAS) issued an award on January 13, 2015, resolving a dispute between S.C. FC Steaua Bucuresti S.A. and its former coach, Cristiano Bergodi, with the Fédération Internationale de Football Association (FIFA) also involved. The conflict stemmed from the termination of Bergodi's employment contract in 2009, leading to proceedings before FIFA's Players’ Status Committee (PSC) and later an appeal to CAS. The Club sought to annul the PSC's decision, which had partially upheld Bergodi's claim for compensation. The CAS panel, composed of Prof. Petros Mavroidis, Mr. Vit Horacek, and Prof. Massimo Coccia, addressed several legal and procedural issues. It ruled that late submissions and changes in legal representation did not constitute exceptional circumstances under Article R56 of the CAS Code, emphasizing procedural fairness. The panel also dismissed the Club's request to stay proceedings pending a Romanian court's decision, rejecting arguments of lis alibi pendens and forum shopping. Additionally, the Club's challenge to CAS jurisdiction, based on alleged exclusive jurisdiction of Romanian courts, was rejected due to insufficient evidence.
The dispute centered on Bergodi's dismissal after poor results and an incident following a match in September 2009. The Club claimed Bergodi behaved unprofessionally, while Bergodi argued he was dismissed without just cause, learning of his termination through a televised interview. The PSC had awarded Bergodi €100,000 for wrongful termination and €6,000 in unpaid bonuses. The Club appealed to CAS, contesting FIFA's jurisdiction and seeking annulment of the PSC decision. The CAS panel upheld FIFA's jurisdiction, noting that the employment contract's Clause O allowed disputes to be resolved by FIFA, a common practice in contracts involving Romanian clubs. The panel also affirmed that the dispute was governed by FIFA regulations, supplemented by Swiss and Romanian law.
On the merits, the panel found the Club failed to follow contractual dismissal procedures, including providing written notice or adhering to the 20-day notice period. The Club's appointment of a new coach shortly after Bergodi's dismissal further supported the conclusion that the termination was abrupt. Although the Club disclosed partial payments made to Bergodi during the CAS hearing, these were accounted for in the final compensation amount. The panel adjusted the award to €91,182, plus 5% annual interest from November 2, 2013, until full payment. The appeal was dismissed, and the FIFA decision was largely upheld, with the exception of the adjusted compensation. The case underscores the importance of procedural compliance and clear contractual terms in international sports arbitration, particularly in employment disputes involving jurisdictional and legal complexities. The CAS panel's decision reinforced the principles of procedural fairness and the autonomy of arbitration proceedings.