The case CAS 2017/A/5180 involves a contractual dispute between Turkish football club Antalyaspor, professional goalkeeper Sammy Ndjock, and his subsequent club Minnesota United. The dispute centered on Ndjock's termination of his employment contract with Antalyaspor, citing non-payment of salaries and bonuses as just cause under FIFA regulations. Antalyaspor countered by claiming the right to offset unpaid salaries against training compensation it had paid to Ndjock's former club, LOSC Lille, based on a 2010 "Recognizance" agreement. This agreement stipulated that Ndjock would be liable for training compensation claims, which Antalyaspor argued justified withholding his salary.
The Court of Arbitration for Sport (CAS) ruled that Ndjock had just cause to terminate his contract due to Antalyaspor's failure to pay his salaries for over three months, a breach of contractual obligations. The CAS found the Recognizance agreement unenforceable, as it imposed an excessive financial burden on Ndjock, who had only earned EUR 96,000 over three seasons compared to the EUR 260,000 claimed for training compensation. Additionally, the CAS noted that Antalyaspor failed to provide proof of payment to LOSC Lille, a requirement for invoking the Recognizance. Under Swiss law, a set-off requires formal notification to the creditor, which Antalyaspor did not fulfill.
The FIFA Dispute Resolution Chamber (DRC) initially ruled in Ndjock's favor, ordering Antalyaspor to pay EUR 152,305 in outstanding remuneration and EUR 198,000 as compensation for breach of contract, plus interest. The CAS upheld this decision, emphasizing that FIFA’s regulations aim to reinforce contractual stability in football by deterring unilateral breaches. The ruling highlighted that while FIFA’s Article 14 allows termination without consequences for just cause, the party responsible for the breach (Antalyaspor) must still compensate the injured party (Ndjock) for damages. The compensation was calculated based on the remaining value of Ndjock's contract, minus his earnings from Minnesota United.
Antalyaspor's appeal arguments, including claims that Ndjock negotiated with other clubs while under contract and that Minnesota United was jointly liable, were dismissed. The CAS found no evidence of premature negotiations and ruled that Antalyaspor’s reliance on informal assurances about training compensation was negligent. The case underscores the importance of clear contractual terms, adherence to payment obligations, and the legal principles governing employment contracts in professional sports. The final decision reinforced players' rights to timely payment and just cause for termination, while also clarifying that clubs cannot unilaterally impose disproportionate financial burdens on players. The ruling serves as a precedent for similar disputes, emphasizing fairness and contractual clarity in player-club relationships.