The Court of Arbitration for Sport (CAS) issued a ruling on August 20, 2021, in the dispute between Antalyaspor A.Ş. and professional footballer Aatif Chahechouhe, addressing the termination of his employment contract and alleged breaches of his fundamental rights. The panel, composed of Eligiusz Krześniak, Emin Özkurt, and João Nogueira da Rocha, found that Antalyaspor violated Chahechouhe's rights by excluding him from first-team activities, refusing to register him, and instructing him to train alone or with the U-21 team. These actions demonstrated a lack of intention to fulfill the contract, justifying Chahechouhe's termination for just cause. The panel clarified that while clubs have discretion in team selection, prolonged deprivation of training and match participation contradicts the nature of a professional football contract.
The dispute arose from Chahechouhe's two-year contract signed in June 2019, which included automatic extension clauses and performance-based bonuses. Antalyaspor later excluded him from the first team, leading to the player's termination in February 2020. The Dispute Resolution Chamber (DRC) initially ruled in Chahechouhe's favor, ordering Antalyaspor to pay EUR 1,325,000 in compensation for unpaid salaries and bonuses, plus interest. The club appealed to CAS, arguing the termination was unjust, but the panel upheld the DRC's decision, emphasizing the club's breach of contract and the player's right to professional opportunities.
The CAS panel addressed several legal principles, including the mitigation of damages by considering Chahechouhe's subsequent contracts with other clubs. While fixed remuneration from these contracts was deducted from the compensation, conditional payments were excluded due to insufficient evidence. The panel adjusted the compensation to EUR 1,275,000, reflecting post-decision developments. The ruling reinforced the importance of upholding players' fundamental rights, such as timely payment, access to training, and match participation, and highlighted the consequences of contractual breaches in professional football.
The case also examined whether Chahechouhe waived his rights by agreeing to a clause allowing the coach discretion in team selection. The panel rejected this interpretation, stating prolonged exclusion violated the contract's fundamental purpose. The decision aligned with CAS jurisprudence, affirming players' rights to train and compete as essential to their careers. The panel concluded that Chahechouhe's termination was justified and timely, dismissing the club's claims of delay.
Ultimately, the CAS ruling upheld the DRC's decision with modifications, ensuring a fair assessment of damages while adhering to legal principles in sports contract disputes. The case underscored the complexities of football contracts, the importance of fair treatment, and the consequences of breaching contractual obligations. The final decision dismissed all further claims, marking the resolution of the dispute.