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2005 Football Contractual litigations Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: Bruno Metsu
Appellant Representative: Ettore Mazzilli
Respondent: Al Ain FC/SC
Respondent Representative: Juan de Dios Crespo Pérez

Arbitrators

President: Chris Georghiades

Decision Information

Decision Date: February 16, 2006

Case Summary

The case involves a contractual dispute between football coach Bruno Metsu and Al-Ain Sports Club, adjudicated by the Court of Arbitration for Sport (CAS). The conflict arose from Metsu's early termination of his coaching contract with Al-Ain, signed in January 2004 and set to run until May 2006. The contract included substantial financial terms, including retainers, monthly salaries, and fringe benefits. Disputes emerged when Metsu allegedly engaged in unauthorized negotiations with other clubs, prompting Al-Ain to remind him of his contractual obligations. When Metsu expressed his desire to leave, Al-Ain offered him a choice: terminate the contract by paying €1.5 million in damages or reaffirm his commitment. Metsu opted for termination, citing a lack of trust and collaboration, and subsequently joined Al Ittihad Club in Qatar. Al-Ain filed a claim with FIFA's Players' Status Committee, which ruled that Metsu had unjustifiably terminated the contract and ordered him to repay a €300,000 signing bonus and pay additional compensation of €650,000, totaling €950,000.

Metsu appealed to CAS, challenging the FIFA decision and seeking cancellation of the ruling or a reduction in compensation. The CAS panel reviewed the case, confirming the jurisdiction of FIFA's Single Judge and applying Swiss law, as agreed by both parties. The panel found that Metsu had breached the contract by failing to return to the club and rejecting Al-Ain's offer to meet, without just cause. However, it also noted that the FIFA Single Judge's decision lacked sufficient reasoning for the compensation amount. The panel recalculated the damages, considering factors such as the retainer fee, salary differences, and mitigating circumstances, including Metsu's successful coaching record and prior requests to leave. Ultimately, the panel determined that Al-Ain's unjustified surplus costs amounted to €345,864, offset by Metsu's entitled salary of €35,000 for June 2004, resulting in a net compensation of €310,864.

The CAS partially upheld Metsu's appeal, setting aside the FIFA decision and ordering him to pay the reduced amount to Al-Ain. The case underscores the complexities of contractual disputes in sports, the importance of clear contractual terms, and the role of arbitration in resolving such conflicts. It also highlights the need for equitable compensation calculations, considering both the breach and the specific circumstances of the parties involved. The final ruling balanced the financial implications for both sides, providing a resolution grounded in legal principles and the specifics of the case.

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