The case involves a dispute between FC Lugano SA and FC Internazionale Milano S.p.A. (Inter) regarding the termination of a player's employment contract. The Court of Arbitration for Sport (CAS) ruled on several key issues, including the dismissal of a request for intervention by a party that missed the appeal deadline, as Article R41.3 of the CAS Code requires a legal interest, which was lost due to the missed deadline. The tribunal also rejected a request for the production of a document related to an unexercised buy-out clause, deeming it irrelevant without evidence of the clause being invoked.
The central issue revolved around the concept of "sporting just cause" for terminating a contract under Article 15 of the FIFA Regulations on the Status and Transfer of Players (RSTP). The panel outlined three cumulative conditions for such termination: the player must be an "established player," have appeared in fewer than 10% of official matches, and terminate the contract within 15 days of the club's last match of the season. The tribunal clarified that an "established player" is one with a legitimate expectation of being fielded regularly, distinguishing between training and development phases. Players under 21 generally cannot be considered established professionals, while those aged 21–23 must be evaluated based on their development. Only at age 23 is there a presumption of being an established professional.
The tribunal emphasized that prior notice or warning to the club is necessary for a valid termination based on sporting just cause, as termination is a last resort. Without such notice, the player lacks just cause. If a contract is terminated without just cause, compensation for damages under Article 17(1) RSTP applies, aiming to reinforce contractual stability. The calculation of damages should consider the remaining contract value, the player's new contract, and other relevant factors, excluding non-amortised transfer fees and training investments, as the latter are covered by training compensation.
The tribunal also noted that a club's genuine interest in a player can arise from various factors, such as the ability to field or loan the player, his inclusion in the A-team training, or the club's strategy of blending young and experienced players. The case underscores the importance of contractual adherence in football and the specific conditions under which a player may terminate a contract for sporting just cause. The ruling provides clarity on the criteria for establishing a player's status and the procedural requirements for valid termination.
The player in question, aged 21.5 at the time of termination, had not participated in any official matches during the season and met the timing requirement for termination. However, the Sole Arbitrator found that the player failed to provide prior notice or warning to Inter, undermining his claim for termination based on sporting just cause. The arbitrator also rejected the player's argument of "just cause" under Article 14 RSTP, concluding that the termination was unjustified.
Regarding compensation, the Sole Arbitrator determined that the player and Lugano were jointly liable under Article 17(1) RSTP. The calculation followed the principle of "positive interest," aiming to place Inter in the position it would have been in had the contract been properly performed. The FIFA Dispute Resolution Chamber had initially calculated compensation at EUR 133,532, but the Sole Arbitrator adjusted this to EUR 120,000, considering the player's decreasing market value as his contract neared expiration. The decision upheld the importance of contractual stability in football, reinforcing the principle of pacta sunt servanda (agreements must be kept).
The case highlights the complexities of player contracts, training periods, and the criteria for "sporting just cause" in football. It underscores the need for clear communication between players and clubs before unilateral terminations and the careful assessment of damages in such disputes. The ruling provides guidance on the interpretation of contractual terminations in sports law and the balancing of interests between clubs and players.