The case involves a legal dispute between PFC CSKA Moscow (CSKA), FIFA, and Football Club Midtjylland A/S (Midtjylland) before the Court of Arbitration for Sport (CAS), stemming from a 2009 player transfer agreement. The agreement included provisions for solidarity contributions under FIFA's Regulations on the Status and Transfer of Players (RSTP), with Midtjylland responsible for handling these payments to training clubs. In 2013, FIFA's Dispute Resolution Chamber ordered CSKA to pay a solidarity contribution of EUR 13,330 plus interest to Liberian club Gedi & Sons F.C. (G&S) for the player's training period. CSKA complied and later sought reimbursement from Midtjylland, filing a claim with FIFA's Players' Status Committee (PSC) in 2014. The PSC declared the claim inadmissible, citing a two-year statute of limitations under Article 25(5) of the RSTP, arguing the dispute arose in 2010 when transfer fee instalments were due. CSKA appealed to CAS, contesting this decision.
The CAS proceedings, overseen by Sole Arbitrator Marco Balmelli, examined jurisdictional and procedural issues, confirming CAS had authority under FIFA Statutes and the CAS Code. The parties agreed to a decision based on written submissions without a hearing. The arbitrator assessed the hierarchy of norms under Article R58 of the CAS Code, emphasizing the primacy of FIFA regulations over party-chosen laws, while acknowledging contractual freedom to shift financial responsibility for solidarity contributions. The arbitrator also considered whether costs from first-instance proceedings constituted a loss under Swiss law.
On the merits, the arbitrator upheld the validity of the internal agreement between CSKA and Midtjylland, affirming their contractual freedom to allocate financial responsibility for solidarity payments. However, the arbitrator clarified that such agreements could not override obligations to third-party training clubs under FIFA rules. Regarding the statute of limitations, the arbitrator ruled the dispute arose when FIFA ordered CSKA to pay G&S in 2013, not when initial payments were due in 2010, making CSKA's claim timely.
The final award, issued on 21 December 2015, partially granted CSKA's appeal. Midtjylland was ordered to reimburse CSKA EUR 15,510 (including interest) and CHF 2,000 for procedural costs. The arbitrator dismissed other claims, emphasizing the enforceability of the clubs' agreement while upholding FIFA's regulatory framework. The case highlights key issues in football transfers, including solidarity contributions, contractual obligations, and statutory limitations in dispute resolution. The ruling clarified the timeline for dispute initiation under FIFA regulations and reinforced the binding nature of internal financial agreements between clubs.