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2014 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Sofoklis Pilavios

Decision Information

Decision Date: September 8, 2015

Case Summary

The case before the Court of Arbitration for Sport (CAS) involved PFC CSKA Sofia, player Nilson Antonio De Veiga Barros, and FIFA, focusing on the termination of the player's employment contract without just cause. The dispute arose when CSKA Sofia terminated the contract in January 2013, citing the player's unauthorized absence from training between December 18, 2012, and January 6, 2013. The player contested this, arguing the period was an authorized holiday and that the club had failed to pay his salaries for October and November 2012. The club later claimed these salaries were paid to the player's agent in March 2013, but the player denied authorizing such payments.

The FIFA Dispute Resolution Chamber (DRC) partially upheld the player's claim in May 2014, ordering CSKA Sofia to pay €24,999 in unpaid salaries and €261,002 as compensation for breach of contract, adjusted for the player's subsequent earnings with another club. The DRC also imposed a two-registration-period ban on the club for breaching the contract during the protected period, as mandated by FIFA regulations. CSKA Sofia appealed to CAS, arguing the termination was justified and contesting the authenticity of documents submitted by the player.

The CAS panel, applying Swiss law and FIFA regulations, emphasized that just cause for termination requires a material breach and prior warning, neither of which were proven by the club. The panel found no evidence the player was informed of training sessions during the disputed period or that the club had warned him before termination. It also ruled the club failed to prove it had paid the outstanding salaries to the player's agent, as the authorization document was ambiguous and the agent was not called to testify.

Regarding compensation, the panel upheld the DRC's calculation, confirming the player was entitled to unpaid salaries and damages for the remaining contract period, minus earnings from his new club. On sporting sanctions, the panel affirmed their mandatory nature for breaches during the protected period, dismissing the club's appeal. The CAS decision reinforced the importance of contractual adherence, proper communication, and the consequences of unilateral terminations in football. It highlighted the need for clubs to substantiate claims of just cause and adhere to procedural fairness, ensuring accountability in employment disputes. The ruling underscored the binding nature of FIFA regulations and the role of CAS in resolving such conflicts.

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