The case revolves around a dispute between Anorthosis Famagusta FC, a Cypriot football club, and Emanuel Perrone, an Italian professional football player, concerning the termination of their employment contract and an image rights agreement. The FIFA Dispute Resolution Chamber (DRC) initially ruled in favor of Perrone, awarding him €190,000 in compensation for terminating the contracts with just cause. The club appealed this decision to the Court of Arbitration for Sport (CAS), arguing that Perrone lacked just cause for termination and that the FIFA DRC lacked jurisdiction. The CAS panel, composed of three arbitrators, upheld the FIFA DRC's decision, confirming its jurisdiction under Article 22 of the FIFA Regulations on the Status and Transfer of Players (RSTP). The panel emphasized that the FIFA DRC has authority over employment-related disputes with an international dimension unless a national arbitration tribunal exists. It also clarified that the image rights agreement was effectively part of the employment contract, further justifying the FIFA DRC's jurisdiction.
The panel highlighted the reciprocal duties of care and loyalty between clubs and players under Swiss law, noting that a professional player relies on the club for training and career opportunities. The club's failure to include Perrone in the team roster and its passive behavior during the transfer period constituted a breach of its contractual obligations. The club's actions, including not opposing an International Transfer Certificate (ITC) request for Perrone, demonstrated its willingness to part ways, justifying the player's termination with just cause. The panel rejected the club's argument that Perrone should have waited for further instructions, stressing the club's duty to actively assist the player in finding a solution, such as a loan or transfer.
Regarding compensation, the panel upheld the FIFA DRC's award of €190,000, noting that Perrone did not appeal for a higher amount, which barred the panel from awarding additional compensation. The panel also dismissed the club's request for sporting sanctions against Perrone, as the termination was deemed justified. The decision reinforced the principle that clubs must fulfill their contractual and ethical obligations toward players, ensuring fair treatment and career continuity. The CAS award, dated May 11, 2015, confirmed the FIFA DRC's ruling, providing a clear precedent for similar disputes in professional football.
The case underscores the importance of contractual clarity and the obligations clubs owe to players. It also highlights the jurisdictional complexities in sports law, particularly when multiple agreements and governing bodies are involved. The panel's decision was based on a nuanced interpretation of contractual clauses and the interconnected nature of the employment contract and image rights agreement. The outcome emphasizes the need for clubs to actively support players and adhere to contractual terms to avoid disputes and legal repercussions. The CAS's ruling serves as a reminder of the legal and ethical responsibilities clubs have toward their players, ensuring fairness and professionalism in the sport.