The case CAS 2016/A/4484 involves a dispute between OKK Spars Sarajevo, a Bosnian basketball club, and the International Basketball Federation (FIBA) regarding the transfer of a minor player, Darko Bajo. The player, born in 1999, was transferred from HOOK Vitez to OKK Spars in 2012 under a scholarship agreement that stipulated compensation if the player left the club. By 2015, Bajo sought a transfer to Croatian club BC Cedevita, leading to a conflict over the validity of the scholarship agreement and the appropriate compensation. OKK Spars argued for compensation based on the player's market value, while BC Cedevita contested the agreement's validity. FIBA's Secretary General authorized the transfer, requiring BC Cedevita to pay €35,000 to OKK Spars and CHF 3,000 to FIBA's Solidarity Fund, emphasizing that FIBA's role was to regulate the player's license transfer, not to adjudicate contractual disputes, which would fall under the jurisdiction of the Basketball Arbitral Tribunal (FAT).
The case highlighted FIBA's special provisions for minor player transfers, aimed at protecting young athletes by ensuring their development and discouraging speculative risks by clubs. The ruling also addressed the distinction between national and international transfer compensation criteria, noting that differences do not constitute discrimination as they are governed by separate entities—FIBA for international transfers and national federations for domestic ones. The panel upheld FIBA's decision, reinforcing the principle that the protection of young players takes precedence over contractual disputes between clubs.
OKK Spars appealed the decision, arguing that compensation should reflect the player's market value, estimated at €250,000 plus 25% of future transfers. The FIBA Appeals Panel rejected this, stating that transfers of players under 18 are governed by special provisions aimed at protecting young athletes, not general transfer rules. The panel affirmed that compensation should be based on developmental investments, not market value, and dismissed the appeal. The case underscores FIBA's focus on safeguarding young players' welfare and ensuring fair compensation for clubs investing in their development.
The Court of Arbitration for Sport (CAS) confirmed its jurisdiction over the dispute, citing FIBA's regulations and Swiss law. The CAS Panel rejected all claims by OKK Spars, including the argument that compensation should consider market value, the alleged violation of the principle of pacta sunt servanda (agreements must be kept), and a due process violation claim. The Panel emphasized that FIBA's regulations constitute a lex specialis for young player transfers, overriding contractual agreements, and that the absence of market value references in the regulations reinforced the decision to base compensation on developmental investments. The Panel also dismissed the due process claim, noting the Appellant had opportunities to address the issue but failed to act.
Ultimately, the CAS ruled to dismiss the appeal, uphold FIBA's decision, and reject all other motions. The case highlights the complexities of regulating international transfers of young athletes, balancing developmental needs, contractual obligations, and fair compensation for clubs. The decision reinforces FIBA's regulatory framework for under-18 player transfers and the limited scope for external contractual considerations in such cases.