The case involves a contractual dispute between Mr. Nofitovici Fanel, a Romanian professional football coach, and Clubul Sportiv Mioveni, adjudicated by the Romanian Football Federation (RFF) and later the Court of Arbitration for Sport (CAS). The dispute arose from the termination of Fanel's employment contract as an assistant coach, signed on 3 January 2019 and valid until 30 June 2020. The contract stipulated monthly salaries and outlined termination conditions, including mutual agreement, force majeure, or unilateral rescission under specific circumstances. On 10 May 2019, following unsatisfactory team results, the Club announced a verbal agreement to terminate the coaches' contracts. A subsequent notification on 16 May 2019 informed the coaches they were no longer required to attend team activities pending formal termination. However, on 21 June 2019, the Club retracted this notification and invited Fanel to clarify his contractual status, while simultaneously announcing a new coaching staff for the upcoming season.
Fanel argued the Club terminated the contract without just cause, violating Romanian football regulations, which require compensation of 50% of contractual rights paid until termination if a coach terminates without just cause. The case was brought before the National Dispute Resolution Commission (NDRC), which initially ruled in Fanel's favor on 10 October 2019, ordering the Club to pay financial rights. The Club appealed, and the Appeals Board of the RFF set aside the NDRC’s ruling on 18 February 2020, remanding the case for reconsideration. Upon retrial, the NDRC rejected Fanel's claims and accepted the Club's counterclaim, finding Fanel had terminated the contract without just cause by failing to report for training and joining another club. Fanel was ordered to pay the Club RON 9,000, representing 50% of the contractual rights previously paid to him. The Appeals Board upheld this decision on 16 October 2020.
Fanel appealed to CAS, challenging the RFF's decisions. The Sole Arbitrator examined jurisdictional and procedural issues, confirming CAS's authority to rule on the dispute. The Arbitrator found Fanel's appeal against the initial NDRC decision inadmissible due to untimeliness but reviewed the Appeals Board's decisions de novo. The Arbitrator determined the contract was suspended, not terminated, until 26 June 2019, based on Fanel's lack of objection to the Club's notifications and public announcements. Fanel's claim filed on 2 July 2019 was deemed an effective termination notice, placing the burden on him to prove just cause. The Arbitrator ruled Fanel failed to establish just cause, as he had accepted the suspension and breached contractual obligations by not reporting to the Club. Consequently, Fanel was liable to compensate the Club under Article 26 of the Romanian Sports Association regulations, requiring repayment of RON 9,000 net. The Arbitrator also upheld the Club's claim for RON 6,931 in court charges, dismissing Fanel's appeal and confirming the earlier decisions.
The case underscores the importance of adhering to contractual obligations and procedural requirements in sports-related disputes. It highlights the interplay between national sports governance and international arbitration, with CAS ensuring uniform application of rules. The final award, issued on 9 September 2021, resolved the dispute by upholding the Club's position and dismissing Fanel's claims, emphasizing the consequences of unilateral termination without valid grounds.