The case involves a legal dispute between FC Barcelona and Manchester United FC regarding the transfer of player Gerard Piqué Bernabeu, adjudicated by the Court of Arbitration for Sport (CAS) in 2005. The dispute centered on whether Piqué was bound by contractual stability rules under FIFA regulations when he signed with Manchester United in 2004. FC Barcelona argued that Piqué was under a binding contract with them, consisting of an amateur contract, a pre-contract, and a draft employment contract signed in 2002. These agreements included provisions for compensation if Piqué terminated the contract early to join another club. Barcelona claimed Manchester United induced a breach of contract and sought to prevent the issuance of an international transfer certificate for Piqué. Manchester United countered that Piqué was an amateur player, free to sign with them under FIFA rules as long as training compensation was paid.
The CAS examined procedural and substantive issues, including whether FIFA violated its regulations by not seeking the Spanish Football Federation's opinion before making its initial decision. The panel found this procedural error immaterial since the federation was aware of the dispute. On the merits, the CAS analyzed the legal nature of Piqué's contracts with Barcelona to determine if FIFA's contractual stability rules applied. The panel concluded that Piqué was an amateur under FIFA regulations, as he had not received remuneration beyond expense reimbursements and was too young to enter a valid employment contract under Spanish law. The pre-contract did not alter his amateur status, and the panel rejected Barcelona's argument that the agreements constituted a unique "training contract" subject to FIFA's stability rules.
The CAS upheld FIFA's Dispute Resolution Chamber decision, ruling that Chapter VIII of FIFA's regulations on contractual stability only applies to professional contracts, not amateur relationships. Since Piqué was an amateur, Manchester United could not be found to have induced a breach of contract. The panel confirmed that Manchester United's obligation to pay training compensation to Barcelona, as previously decided by FIFA, remained uncontested. The case clarified the distinction between amateur and professional status in football and underscored that FIFA's contractual stability provisions are limited to professional agreements. The appeal was dismissed, and the original decision was upheld, allowing Piqué's transfer to proceed. The ruling emphasized adherence to FIFA's regulatory framework while respecting the transitional phase from amateur to professional status in player contracts.