The Court of Arbitration for Sport (CAS) issued an award on January 21, 2022, resolving a dispute between CD Feirense, a Portuguese football club, and Aly Ahmed Aly Mohamed, a professional football player, along with Larissa FC, a Greek club. The case centered on the termination of the player's employment contract with CD Feirense, which the club claimed was justified due to the player's alleged abandonment of his duties. The player, however, argued that the termination was unjust and violated contractual obligations. The contract, signed on January 5, 2019, was valid until June 30, 2021, and included clauses specifying compensation for unjust termination. CD Feirense terminated the contract on August 16, 2019, citing the player's unauthorized absence and lack of communication, while the player maintained that his absence was agreed upon and that the club failed to properly notify him of the termination.
The FIFA Dispute Resolution Chamber (DRC) initially ruled in favor of the player, ordering CD Feirense to pay outstanding salaries and compensation for breach of contract, calculated based on the remaining contract value adjusted for the player's earnings with Larissa FC. The DRC also imposed a registration ban on CD Feirense for non-payment. The club appealed to CAS, challenging the compensation amount and the ban. The CAS panel, composed of Prof. Jacopo Tognon, Mr. João Nogueira Da Rocha, and Prof. Petros Mavroidis, examined the case under FIFA's Regulations on the Status and Transfer of Players (RSTP) and Swiss law. Key legal principles addressed included the definition of "just cause" for termination, which requires a material breach and prior warning, and the liability of a new club (Larissa FC) in cases of contract termination.
During the CAS proceedings, witness testimonies revealed conflicting accounts. CD Feirense representatives claimed the player refused to return after the club's relegation and left the team's WhatsApp group, signaling abandonment. The player and his agent countered that the club had authorized his absence to facilitate a transfer and failed to communicate properly. The panel found that CD Feirense did not provide sufficient evidence to prove just cause for termination, as the player's absence appeared permitted, and the club failed to issue prior warnings. The panel also ruled that Larissa FC could not be held jointly liable, as the termination was initiated by CD Feirense, not the player, and there was no evidence of inducement by Larissa FC.
The CAS upheld the DRC's decision, confirming that CD Feirense unlawfully terminated the contract and ordering the club to pay the player EUR 238,666.40 in compensation, reflecting the remaining contract value minus earnings from Larissa FC. The panel dismissed CD Feirense's appeal and all other relief requests, reinforcing the importance of contractual stability and proper termination procedures in football. The case underscores the necessity of clear evidence and adherence to procedural requirements when alleging contractual breaches.