The case revolves around a contractual dispute between Romanian football club AFC Astra and professional player Kevin Hatchi, adjudicated by the Court of Arbitration for Sport (CAS). The conflict stemmed from Hatchi's termination of his employment contract with AFC Astra, citing unpaid salaries and a sign-on fee as just cause under Article 14 of FIFA's Regulations on the Status and Transfer of Players (RSTP). The CAS affirmed FIFA's jurisdiction over international employment disputes unless a qualified national arbitration tribunal exists, emphasizing that unclear contract provisions should not hinder access to arbitration, in line with Swiss constitutional guarantees.
Hatchi filed a claim with FIFA's Dispute Resolution Chamber (DRC) in January 2010, alleging AFC Astra's failure to meet financial obligations, including unpaid salaries and a sign-on fee. The DRC ruled in Hatchi's favor in April 2014, ordering the club to pay €12,490 in outstanding remuneration and €100,000 in compensation for breach of contract. AFC Astra appealed to CAS, challenging the DRC's jurisdiction and arguing that Romanian law should apply. The club also claimed Hatchi breached disciplinary protocols, justifying a 25% financial sanction, but the CAS rejected this due to lack of evidence and improper notification.
The CAS upheld the DRC's decision, confirming Hatchi's right to terminate the contract with just cause due to the club's persistent non-payment. The arbitrator applied the principle of "positive interest," aiming to place Hatchi in the position he would have been in had the contract been fulfilled. The contract's duration was clarified as two years, with Hatchi mitigating damages by signing with Montreal Impact, earning €22,000, leaving €100,000 as the outstanding compensation. The CAS dismissed AFC Astra's appeal, enforcing the DRC's ruling, including a 5% annual interest rate under Swiss law.
The case underscores the importance of contractual stability in football, the enforceability of financial obligations, and the procedural requirements for sanctions. It highlights CAS's role in resolving international disputes and reinforces FIFA's regulatory framework in ensuring fair treatment of players and clubs. The ruling serves as a precedent for similar cases, emphasizing adherence to contractual terms and proper dispute resolution mechanisms in professional football.