The case between PFC CSKA Sofia and professional football player David Bernardo Tengarrinha involved a dispute over the termination of the player's employment contract and subsequent claims for unpaid salaries and compensation. The Court of Arbitration for Sport (CAS) issued its award on September 8, 2015, after reviewing the appeal filed by CSKA Sofia against the decision of FIFA's Dispute Resolution Chamber (DRC). The contract, signed on July 13, 2012, stipulated monthly salaries payable by the 25th of each month. Tengarrinha alleged that CSKA Sofia failed to pay his salaries on time, prompting him to issue a default notice in October 2012. Although the club eventually paid the outstanding amounts, further disputes arose when CSKA Sofia accused the player of missing training sessions from December 18, 2012, to January 6, 2013, leading to the contract's termination on January 11, 2013. The player contested this, arguing he was available for training and had not received due payments.
The FIFA DRC initially ruled in favor of Tengarrinha, ordering CSKA Sofia to pay EUR 15,600 in unpaid salaries and EUR 236,859 as compensation for breach of contract, adjusted for earnings from subsequent contracts. CSKA Sofia appealed to CAS, arguing that payments had been made to the player's agent under an authorization and that the termination was justified due to the player's absence. The CAS panel, composed of Mr. Sofoklis Pilavios, Mr. Bernhard Heusler, and Mr. Manfred Nan, examined whether the club had just cause for termination under Swiss law and FIFA regulations. The panel found that CSKA Sofia failed to prove just cause, as it did not demonstrate prior warnings or sufficient evidence of the player's misconduct. The disputed period was confirmed as a holiday, meaning attendance was not mandatory. The panel also rejected the club's claim that payments were made to the agent, as the authorization document did not explicitly cover salary payments, and the club failed to verify the agent's authority or contact the player directly.
Regarding compensation, the panel upheld the FIFA DRC's decision, emphasizing that unlawful termination requires compensation to restore the harmed party to their original position, minus any mitigated damages. The panel adjusted the compensation to account for the player's earnings from new contracts, resulting in the final amount of EUR 236,859. The CAS dismissed CSKA Sofia's appeal, affirming the FIFA DRC's ruling and reinforcing the importance of adhering to contractual obligations and procedural fairness in employment disputes. The case highlights the necessity of clear contractual terms, proper authorization for third-party payments, and the burden of proof in sports-related legal disputes. The panel's decision underscored that termination is a last resort and requires substantial evidence of material breach or misconduct, which CSKA Sofia failed to provide. The ruling serves as a reminder of the legal and financial consequences of failing to meet contractual obligations in professional sports.