The case involves a contractual dispute between Kasimpasa Spor Kulübü, a Turkish football club, and Fernando Varela Ramos, a professional football player, regarding the termination of the player's employment contract. The contract, signed on July 10, 2010, was valid for two seasons and outlined the player's obligations, remuneration, and conditions for termination. The club alleged that the player left Turkey without permission in March and April 2011, leading to a $20,000 fine, and later terminated the contract in August 2011, citing unauthorized absences as just cause. The player contested these claims, arguing his absences were justified and that the club failed to provide proper notification for training sessions.
The dispute was brought before the Court of Arbitration for Sport (CAS) after the FIFA Dispute Resolution Chamber (DRC) partially accepted the player's claim in September 2014, ordering the club to pay €100,000 in unpaid wages and €355,000 in compensation for breach of contract. The club appealed this decision to CAS, seeking annulment and arguing it had just cause for termination. The CAS panel, composed of Lars Halgreen, Frans de Weger, and Gerardo Luis Acosta Pérez, examined the evidence, including witness testimonies from both parties. The club's former Sports Director, Süha Sidal, testified that the player had sought permission to leave Turkey but alleged the written authorization was forged. The player's witness, Cumhur Erol, the club's former physiotherapist, stated the player left for family reasons and had no intention of leaving the club.
The key legal issue was whether the club had just cause to terminate the contract under Article 14 of FIFA's Regulations on the Status and Transfer of Players (RSTP) and Swiss law. The panel found the club failed to prove the player's absences were unjustified or that he was properly informed about mandatory training sessions. The player provided evidence of authorized leave, and inconsistencies in the club's testimony weakened its case. The panel concluded the termination lacked just cause and upheld the FIFA DRC's decision, emphasizing the player's obligation to mitigate damages by deducting earnings from his subsequent contract with Real Valladolid from the compensation owed.
The CAS ruling reinforced the principles of contractual fairness in sports, highlighting the burden of proof on clubs to justify terminations and the rights of players to compensation for unlawful breaches. The club was ordered to pay the player €100,000 for unpaid wages and €355,000 in compensation, with all other claims dismissed. The decision underscores the importance of clear communication, proper evidence, and adherence to contractual obligations in resolving disputes between clubs and players. The case serves as a precedent for balancing club discipline with player rights under FIFA regulations.