The case involves a dispute between professional football player Alin Gligor and AFC UTA Arad, a Romanian football club, concerning the unilateral termination of Gligor's employment contract and subsequent financial sanctions imposed by the club. The contract, signed on 1 July 2015 and valid until 30 June 2018, stipulated a monthly net salary of RON 5,000. In May 2017, Gligor began experiencing back pain and was diagnosed with osteoarthritis. On 14 June 2017, the club unilaterally terminated the contract, effective 1 July 2017, and failed to pay his salaries for April, May, and June 2017. Gligor filed a complaint with the National Dispute Resolution Chamber (NDRC) of the Romanian Football Federation (RFF). On 26 July 2017, the club revoked the termination and paid the outstanding salaries. The NDRC initially ruled the termination legal, but the RFF Appeal Arbitration Division overturned this decision on 10 October 2017, ordering the club to compensate Gligor with RON 60,000 for the remaining contract period.
After returning to the club, Gligor was assigned to the second team and faced ongoing issues. He was exempted from training due to injuries in August 2017, but the club failed to pay his July salary on time. Despite medical prescriptions for rest, the club accused him of refusing to participate in training and matches. Disciplinary hearings were held on 25 September 2017, where Gligor was denied access to reports justifying the allegations. The club imposed four financial sanctions totaling RON 10,000, citing breaches of contractual and regulatory obligations. The RFF Disciplinary and Ethics Board initially denied ratification of the sanctions, ruling that the contract had been terminated on 1 July 2017. However, the RFF Appeal Board overturned this decision on 24 May 2018, ratifying the sanctions and stating the contract remained in force until 10 October 2017.
Gligor appealed to the Court of Arbitration for Sport (CAS), arguing the sanctions were invalid due to procedural violations and the termination of his contract. He also contended that his absence from matches was justified by injuries and medical certificates. The club maintained the sanctions were lawful, as the contract was still active when they were imposed. The Sole Arbitrator, Mr. Alexis Schoeb, determined the contract was effectively terminated on 1 July 2017, rendering the sanctions invalid under RFF Disciplinary Regulations. The Arbitrator also found the club failed to substantiate its claims of contractual breaches, as Gligor's health issues were undisputed, and he was registered as a masseur for some matches.
The CAS upheld Gligor's appeal, annulling the financial sanctions and setting aside the RFF Appeal Board's decision. The ruling emphasized the club's lack of evidence for the sanctions and Gligor's justified absence due to health reasons. The case underscores the importance of fair treatment, adherence to contractual obligations, and proper procedural conduct in disciplinary matters within professional football. The decision reinforces that clubs cannot impose sanctions after a contract has been lawfully terminated.