The Court of Arbitration for Sport (CAS) issued a ruling on August 4, 2020, in the dispute between Bursaspor KD and French footballer Henri Gregoire Saivet (CAS 2020/A/6694). The case stemmed from Bursaspor's failure to fulfill financial obligations under Saivet's employment contract, leading to a FIFA Dispute Resolution Chamber (DRC) decision on November 5, 2019, which ordered the club to pay overdue salaries and accommodation allowances totaling €277,200 plus interest. The FIFA DRC also imposed a reprimand and threatened a registration ban if payments were not made within 45 days. Bursaspor appealed this decision to CAS, contesting both the financial claims and the sanctions.
The CAS panel, composed of Prof. Ulrich Haas, Mr. João Nogueira Da Rocha, and Mr. François Klein, addressed several key issues. Procedurally, the panel examined whether the parties could modify their initial agreement to submit disputes to a sole arbitrator. It ruled that Bursaspor's request for a three-member panel in its Statement of Appeal, coupled with Saivet's lack of objection, constituted a new agreement superseding the original clause. Another critical issue was whether Saivet had standing to be sued regarding FIFA-imposed sanctions. The panel concluded that FIFA, not the player, was the proper defendant for disputes involving administrative enforcement measures like registration bans, as these fell under FIFA's regulatory authority.
On the merits, Bursaspor acknowledged failing to pay three salary installments (€270,000) but disputed the accommodation allowance for August 2018, arguing it should be prorated since the contract began mid-month. The panel rejected this, noting the contract's terms did not support such an adjustment. Regarding sanctions, the panel upheld FIFA's authority under Article 24bis of its Regulations on the Status and Transfer of Players (RSTP), which mandates registration bans for non-payment. Bursaspor's claim of irreparable harm was dismissed, as the club had signed 19 players and received significant transfer fees, undermining its argument.
The hearing, initially scheduled for May 13, 2020, in Lausanne, was moved to a video-conference due to the COVID-19 pandemic. Despite Bursaspor's attempts to postpone or cancel the hearing, the panel proceeded, with Saivet's representative attending while Bursaspor chose not to participate without explanation. The panel ultimately dismissed Bursaspor's appeal, affirming the FIFA DRC's decision on both overdue payments and sanctions. The ruling reinforced the enforceability of contractual obligations in football and clarified procedural aspects of CAS arbitration, including panel formation and the proper defendant in enforcement-related disputes. The case underscores the rigorous procedural requirements in sports arbitration and FIFA's authority to impose sanctions for non-compliance.