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2014 Football Contractual litigations Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Theodore Giannikos
Respondent: Wojciech Kowalewski
Respondent Representative: Pawel Broniszewski; Jakub Fornalik

Arbitrators

President: Jacopo Tognon

Decision Information

Decision Date: September 25, 2014

Case Summary

The case involves a legal dispute between Anorthosis Famagusta Football Club and professional football player Wojciech Kowalewski regarding the termination of the player's contract due to a prolonged injury. The Club invoked a contractual clause allowing termination without compensation if the injury lasted over three months, but the Player contested this, leading to arbitration under the Court of Arbitration for Sport (CAS). The key legal issues centered on the validity of the termination clause, compensation under Article 17 of FIFA's Regulations on the Status and Transfer of Players (RSTP), and obligations under Swiss law. The CAS ruled the termination clause invalid due to its one-sided nature, emphasizing the principle of mutual contractual obligations and fairness. The Club terminated the contract after the Player, who joined in January 2011, suffered a back injury limiting him to one match. Following surgery in April 2011, the Club terminated the contract, but the Player argued he had complied with medical advice and the Club had consented to the surgery. The CAS found the termination unjust, highlighting the Club's failure to meet Swiss employment law obligations. The Player later filed a claim with FIFA, which ruled in his favor, ordering the Club to pay medical expenses and compensation. The Club appealed to CAS, disputing procedural issues and jurisdiction, but the appeal was deemed admissible. The Sole Arbitrator assessed the case, noting the Player's failure to inform the Club about a second surgery and his absence from training, which contributed to the dispute. Despite the Club's breach, the Player's actions led to a 20% reduction in damages, resulting in a final award of EUR 70,000 plus interest. The case underscores the importance of balanced contractual terms, communication between clubs and players, and adherence to legal principles in sports disputes. The ruling reinforces contractual stability and fairness, ensuring neither party can exploit unilateral advantages. The decision serves as a reminder of the need for clear, equitable contractual terms and the role of arbitration in resolving sports-related disputes.

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