The case involves a dispute between footballer Alekos Alekou and FK Poprad regarding the termination of an employment contract, adjudicated by the Court of Arbitration for Sport (CAS). The central issue was whether Alekou had "just cause" to unilaterally terminate his contract due to alleged breaches by FK Poprad. The club had demoted Alekou to the B team, reduced his salary by 50%, and failed to pay his wages on time, among other grievances. Alekou argued these actions constituted material breaches, justifying his termination. FK Poprad countered by claiming Alekou violated the contract by leaving for a holiday without permission and refusing to train with the B team. The case was initially heard by FIFA’s Dispute Resolution Chamber (DRC), which ruled Alekou’s termination was without just cause but ordered the club to pay unpaid salaries. Alekou appealed to CAS, seeking compensation for the residual contract value and legal costs.
The CAS Sole Arbitrator examined jurisdiction, concluding that CAS had authority under Swiss law (the lex arbitri), despite FK Poprad’s argument that Slovak law barred arbitration for employment disputes. The arbitrator emphasized the parties’ intent to arbitrate and prioritized FIFA regulations, which allow unilateral termination with just cause. The arbitrator found FK Poprad’s actions—unilateral salary cuts, demotion without due process, and failure to provide agreed accommodation—constituted serious breaches, undermining the employment relationship. These breaches, coupled with the club’s lack of response to Alekou’s warnings, justified his termination. The arbitrator awarded Alekou €7,706.70 for the residual contract value and €793.30 for unpaid January 2017 wages, applying a 5% annual interest rate under Swiss law from the termination date.
The decision reinforced contractual stability in football, aligning with FIFA’s Regulations on the Status and Transfer of Players (RSTP) and CAS jurisprudence. It highlighted that persistent breaches after warnings can justify termination and that clubs provoking termination through breaches must compensate the player. The ruling also underscored the hierarchy of norms in sports disputes, with FIFA regulations taking precedence over national laws. The case exemplifies the balance between contractual fidelity and equitable resolution in sports employment disputes, ensuring fair treatment for players while upholding legal principles. The arbitrator’s final decision amended the FIFA DRC ruling, ordering FK Poprad to pay the awarded amounts with interest, dismissing all other claims.