Link copied to clipboard!
2016 Football Contractual litigations Partially Upheld FR Appeal Procedure

Parties & Representatives

Appellant Representative: Jean-Jacques Bertrand

Arbitrators

President: Pierre Muller

Decision Information

Decision Date: September 20, 2016

Case Summary

The case involves Abdelkarim Elmorabet, a professional football player, in a dispute with Olympic Club Safi and the Royal Moroccan Football Federation (FRMF) over contractual breaches, including unpaid salaries and bonuses, as well as unjustified exclusion from team activities. The Court of Arbitration for Sport (CAS) was tasked with resolving the matter, applying FIFA regulations primarily and Swiss law subsidiarily. The dispute arose from Elmorabet's 2014 contract with Olympic Club Safi, which stipulated a two-season term, monthly salaries, signing bonuses, and performance-based incentives. The club failed to meet its payment obligations and demoted Elmorabet to the youth team without justification, leading to his formal complaints and eventual termination of the contract for just cause under FIFA's Regulations on the Status and Transfer of Players (RSTJ) and Swiss law.

The CAS ruled that the club's repeated failure to pay salaries and unjustified exclusion from training and matches constituted a breach of contract, justifying Elmorabet's early termination. The tribunal awarded him unpaid salaries for the period from August 2015 to June 2016, totaling MAD 137,500, and signing bonuses of MAD 1,000,000, as the club failed to prove these payments were made. The CAS rejected Elmorabet's claim for EUR 30,000 in personal and professional damages, citing lack of evidence and procedural limitations. The decision also imposed a 5% annual interest on the awarded amounts, starting from September 30, 2015, the date Elmorabet filed for termination.

The case highlights the importance of contractual compliance in professional sports and the legal mechanisms available to players for redress. It underscores the CAS's role in interpreting FIFA regulations and applying supplementary national law to resolve disputes. The ruling reinforced the principle that persistent breaches, such as unpaid salaries, undermine the employment relationship and justify termination, while also clarifying the financial remedies available to athletes in such cases. The decision aligns with Swiss jurisprudence and FIFA regulations, ensuring protection for players' fundamental rights and maintaining consistency in international football disputes. The outcome serves as a reminder of the obligations clubs have toward their players and the consequences of failing to meet those obligations.

Share This Case