The case involves a dispute between Akhisar Belediye Gençlik ve Spor Kulübü Deneri (the Club) and professional footballer Severin Brice Bikoko (the Player) over unpaid wages and the termination of their employment contract. The parties signed a two-year contract in August 2012, which included an advance payment of €165,000 and additional "per match" payments totaling another €165,000 for the 2013/2014 season. The Club failed to pay the advance installments of €120,000 and €45,000 by the agreed deadlines, leading the Player to issue a formal notice of default. When the Club did not rectify the non-payment, the Player terminated the contract on 1 October 2013, citing just cause under FIFA regulations and Swiss law, which recognize unpaid salaries as valid grounds for termination.
The Player filed a claim with FIFA’s Dispute Resolution Chamber (DRC), seeking unpaid remuneration, a bonus, and compensation for breach of contract. The Club contested the claims, arguing the bonus was conditional on participation and that the "per match" payments were performance-based. The FIFA DRC partially accepted the Player’s claims, ordering the Club to pay €198,000 in unpaid wages with interest and additional compensation. The Club appealed to the Court of Arbitration for Sport (CAS), which upheld the FIFA DRC’s decision, emphasizing that non-payment constitutes just cause for termination and that "per match" payments, unless explicitly conditional, are generally owed regardless of participation. The CAS rejected the Club’s argument for prorating the advance payment, ruling the full amount was due as the Club’s breach led to the termination.
The Club further contested the FIFA DRC’s interpretation of the "per match" clause, claiming it was conditional on the Player’s involvement in matches. The CAS, however, deemed the clause arbitrary, as it allowed the Club unilateral discretion to withhold payments. The tribunal upheld the FIFA DRC’s decision to treat these payments as unconditional monthly installments. The Club also argued the Player terminated the contract in bad faith after the transfer window closed, but the CAS dismissed this, noting the Player had given the Club a 30-day grace period to remedy the breach. The CAS affirmed the Player’s right to compensation under FIFA regulations and Swiss law, as the Club’s non-payment constituted a fundamental breach.
The CAS partially modified the FIFA DRC’s award, reducing the compensation for "per match" payments from €132,000 to €82,500, acknowledging the uncertainty of the Player’s participation. However, it upheld the advance payment claims of €120,000 and €45,000, plus interest, as these were guaranteed under the contract. The final ruling underscored the enforceability of contractual terms in football employment disputes and reinforced the principle that clubs must fulfill core payment obligations. The case highlights the importance of clear contractual terms and the consequences of non-compliance, with the CAS ultimately siding with the Player due to the Club’s failure to meet its financial commitments.