The case involves a contractual dispute between Yeni Malatyaspor FK, a Turkish football club, and Arturo Rafael Mina Meza, an Ecuadorian professional football player, over unpaid salaries during the 2019-2020 season. The player claimed USD 400,000 in unpaid wages from February to May 2020, while the club acknowledged a debt of USD 290,000 for February to April but contested the May payment, citing financial difficulties due to the COVID-19 pandemic. The club argued it had lawfully reduced the player's salary in line with FIFA's COVID-19 guidelines and directives from the Turkish Football Federation (TFF). The FIFA Dispute Resolution Chamber (DRC) ruled in favor of the player, ordering the club to pay the full amount plus 5% annual interest, rejecting the club's justification for the salary reduction due to insufficient evidence of compliance with FIFA guidelines. The DRC emphasized the principle of pacta sunt servanda, requiring contractual obligations to be honored unless legally excused. The club was given 45 days to comply, with potential sanctions for non-payment, including a ban on registering new players.
The club appealed to the Court of Arbitration for Sport (CAS), which upheld the DRC's decision. The CAS arbitrator clarified that financial hardships, even those linked to the pandemic, do not justify breaching contractual obligations. The arbitrator noted that FIFA's COVID-19 guidelines did not classify the pandemic as a force majeure event automatically excusing performance, as force majeure requires an objective, unforeseeable, and irresistible impediment. The club failed to demonstrate such conditions, and the arbitrator affirmed the player's entitlement to the unpaid salaries. The CAS also dismissed the club's argument that it had attempted negotiations with the player, as unilateral salary reductions without mutual agreement were deemed invalid.
The ruling reinforces the principle that financial difficulties, including those arising from global crises, do not absolve parties of contractual duties unless specific legal criteria for force majeure are met. The decision underscores the importance of contractual stability in professional football, ensuring players receive agreed-upon compensation absent legally recognized exceptions. The CAS ordered the club to pay EUR 400,000 plus interest on specified installments, dismissing all other motions. The case highlights the challenges clubs faced during the pandemic and the legal complexities of contract disputes, while affirming the precedence of contractual obligations over financial hardships.