The Court of Arbitration for Sport (CAS) issued a ruling on September 17, 2019, in the dispute between Akhisar Belediye Gençlik ve Spor Kulübü Derneği (the Club) and Marvin Renato Emnes (the Player) regarding the termination of the Player’s employment contract. The case originated from the Club’s failure to pay the Player’s salaries for January, February, and March 2018, totaling €165,000, despite formal notices sent by the Player. When the Club did not respond or rectify the breach, the Player terminated the contract on April 9, 2018, citing just cause under FIFA regulations. The Player then filed a claim with FIFA’s Dispute Resolution Chamber (DRC), which ruled in his favor, ordering the Club to pay €1,134,903 in compensation plus interest. The Club appealed this decision to CAS, arguing that the termination was unjust and the compensation excessive.
The CAS panel examined whether the Player had just cause to terminate the contract, defining just cause as a breach so severe that continuing the contractual relationship would be unreasonable. The panel found the Club’s failure to pay salaries—a fundamental obligation—constituted a material breach, and its financial difficulties did not excuse non-payment. Additionally, the Club’s unilateral decision to relegate the Player to the U-21 squad without contractual justification was deemed a violation of his professional rights, further supporting the termination. The panel also dismissed the Club’s argument that the Player did not mitigate damages, noting he secured a new contract in good faith despite challenging circumstances.
The CAS upheld the DRC’s decision, confirming the Player’s right to terminate the contract and the fairness of the compensation, which was calculated based on the remaining contract value minus earnings from subsequent employment. The ruling reinforced the principle of contractual stability in football, emphasizing clubs’ obligations to fulfill financial commitments and protect players’ rights. The decision serves as a precedent for similar disputes, clarifying the conditions under which players may terminate contracts with just cause and the appropriate compensation framework. The CAS ultimately rejected the Club’s appeal, affirming the DRC’s original ruling and dismissing all additional claims. The case underscores the importance of adherence to contractual obligations in professional sports and the role of arbitration in resolving employment disputes.