The case involves a legal dispute between GDSC Alvarenga Futebol S.A.D., a Portuguese football club, and Isidro Pitta Miguel Saldivar, a Paraguayan footballer, along with Club Deportivo Santaní and FIFA. The dispute arose from the Player's unilateral termination of his employment contract with Alvarenga on August 3, 2018, during the protected period as defined by FIFA's Regulations on the Status and Transfer of Players (RSTP). The contract, signed on January 5, 2018, was valid until June 30, 2022, with a monthly salary of EUR 1,000 and additional benefits. After playing for Alvarenga during the 2017-2018 season, the Player went on vacation to Paraguay and received offers from other clubs, but no agreements were reached. He later informed Alvarenga of his decision to terminate the contract, alleging breaches by the club, and never returned.
Alvarenga filed a claim with FIFA's Dispute Resolution Chamber (DRC) on October 10, 2018, seeking compensation for breach of contract, including the residual value of the contract, lost transfer opportunities, and sporting losses, totaling EUR 209,354.84 plus interest. The Player countered with a claim for unpaid salaries and the residual value of the contract, amounting to EUR 49,000 plus interest. The FIFA DRC issued a decision on November 13, 2020, partially accepting Alvarenga's claim and ordering the Player to pay EUR 12,000 as compensation, with Santaní jointly liable. The DRC rejected all other claims and counterclaims.
Dissatisfied with the decision, Alvarenga appealed to the Court of Arbitration for Sport (CAS) on February 9, 2021, requesting a sole arbitrator. The CAS proceedings examined whether Alvarenga had the standing to request disciplinary sanctions against the Player for the breach of contract. The sole arbitrator concluded that no regulation grants a club the right to directly request disciplinary sanctions for an unjustified breach of contract, as this authority lies solely with FIFA's disciplinary bodies. The arbitrator upheld the FIFA DRC's decision, emphasizing that the disciplinary process is separate from contractual disputes and falls under FIFA's exclusive jurisdiction.
The case highlights the complexities of contractual disputes in football, including the calculation of damages and the role of sporting sanctions. The arbitrator determined that Portuguese Sports Law applied for calculating compensation, as permitted by Article 17 of the FIFA RSTP. The compensation was set at EUR 53,935.49, with an annual interest of 5% starting from the termination date. The arbitrator rejected claims for additional damages, such as lost opportunity earnings and sporting losses, due to insufficient evidence. The final decision, issued on September 23, 2022, affirmed the Player's breach of contract, the joint liability of the Player and Santaní for the compensation, and dismissed all other motions or requests for relief. The ruling underscores the procedural boundaries in football disputes and the importance of established jurisprudence in resolving such cases.