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2019 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Antalyaspor A.S.
Appellant Representative: Kemal Kapulluoglu; Bumin Kapulluoglu
Respondent: Mostapha El Kabir
Respondent Representative: Mumin Adigüzel

Arbitrators

President: Fabio Iudica

Decision Information

Decision Date: July 8, 2020

Case Summary

The case involves a dispute between Antalyaspor A.Ş. and football player Mostapha El Kabir over the termination of his employment contract due to unpaid salaries. The conflict began when Antalyaspor failed to meet payment obligations under a loan agreement with Swedish club BK Hacken, which temporarily suspended El Kabir's original employment contract. Despite formal notices from El Kabir demanding payment, the club continued to default, leading him to terminate the contract in June 2018, citing just cause. He then filed a claim with FIFA's Dispute Resolution Chamber (DRC), seeking unpaid wages and compensation for breach of contract. The DRC ruled in El Kabir's favor, ordering Antalyaspor to pay €375,000 in outstanding salaries plus interest and €541,180 in compensation. Antalyaspor appealed to the Court of Arbitration for Sport (CAS), arguing the termination was unjust and challenging the compensation calculation. The CAS panel upheld the DRC's decision, confirming the termination was justified due to Antalyaspor's breach of contract. The panel rejected the club's claims that El Kabir failed to mitigate damages or concealed earnings, noting insufficient evidence. The ruling reinforced the importance of contractual obligations in football and the limited scope for clubs to avoid liability for unpaid wages. The case highlights the role of FIFA and CAS in resolving disputes, ensuring compliance with financial and contractual terms, and the consequences of unilateral termination with just cause. The final decision dismissed Antalyaspor's appeal, upholding the original award and emphasizing the club's repeated contractual breaches and the player's adherence to legal procedures. The arbitrator's decision was constrained by the principle of ne ultra petita, meaning it could not grant relief beyond what the parties requested. The case underscores the enforcement of contractual obligations in sports and the consequences of financial defaults by clubs.

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