The case involves a dispute between AFC Astra Ploiesti (the Club) and footballer Nikola Michellini, adjudicated by the Court of Arbitration for Sport (CAS) following an appeal by the Club against a decision by FIFA’s Dispute Resolution Chamber (FIFA DRC). The dispute arose from the Club’s failure to pay Michellini’s salaries for November and December 2010 and January 2011, totaling €12,000 net, as stipulated in his July 2010 contract, which also included obligations like flight tickets and accommodation. Despite multiple reminders from Michellini’s representative, the Club ignored these payments, leading Michellini to terminate the contract unilaterally in February 2011, citing just cause under FIFA regulations due to the Club’s persistent breach of contract.
The Club contested the termination, arguing it had paid €14,383 and deducted amounts for health insurance, social security, equipment guarantees, and a €6,000 fine for alleged poor performance. However, the FIFA DRC and later the CAS found these deductions unjustified, as the Club failed to provide evidence of misconduct or proper notification to Michellini. The CAS also deemed the arbitration clause in the contract invalid, as it referenced multiple arbitration bodies without clear selection criteria, failing FIFA’s enforceability standards. The CAS upheld the FIFA DRC’s ruling, confirming Michellini’s right to terminate the contract with just cause due to the Club’s financial breaches and lack of response.
The CAS emphasized that prolonged or repeated contractual violations entitle the affected party to terminate the agreement, as per FIFA regulations. It dismissed the Club’s appeal, affirming Michellini’s entitlement to €12,000 for unpaid salaries, €18,000 as compensation for breach of contract (calculated based on the remaining contract duration), and €200 for travel expenses, plus interest. The ruling highlighted the importance of contractual clarity, procedural fairness, and adherence to financial obligations in football employment disputes. It also reinforced FIFA’s jurisdiction in such cases, particularly when national arbitration clauses are unclear or insufficient. The decision underscored the illegitimacy of disproportionate fines imposed by clubs to offset unpaid salaries, a recurring issue with Romanian clubs.
Ultimately, the CAS concluded that Michellini’s termination was justified, and the Club’s financial breaches warranted the awarded compensation. The case serves as a precedent for upholding players’ rights in contractual disputes and the necessity for clubs to fulfill their financial commitments. All other claims were dismissed, finalizing the matter in Michellini’s favor.