The document describes a dispute resolution case involving a professional football club, Bucaspor Kuluhu Ci Sportif Hizmetleri Anonim Sirketi (hereafter referred to as "the Appellant" or "Bucaspor"), and Mr. Faduardo Fernandes Pereira Gomes (the "Player" or "First Respondent"). The dispute was settled by the Court of Arbitration for Sport (CAS) after a series of decisions by the Turkish Football Association (TFA) and FIFA, the international governing body of football.
Key Points:
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Background Facts:
- In April 2022, the TFA ordered Bucaspor to pay the Player a sum of £616,000 plus interest and a penalty of 5% until the end of the fourth consecutive registration period.
- Bucaspor, originally named the "Old Club," was relegated from the Turkish regional league to the lowest tier of professional football in Turkey, starting from the 2019 season.
- Following the TFA decision, the Player lodged a complaint with FIFA, arguing that Bucaspor should inherit the financial obligations of the original club regarding him.
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Court of Arbitration for Sport (CAS) Proceedings:
- In March 2022, Bucaspor appealed against the TFA decision to CAS.
- The appeal was based on Articles R47 and R37 of the CAS Code, requesting suspension of the player's transfer ban imposed by the TFA decision until the final resolution of the case.
- CAS recognized the appeal and requested further clarification from Bucaspor regarding the appeal's position.
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Arbitrators:
- The President of the CAS Appeals Arbitration Division is Mr. Sofokis P. Pilavios, an attorney-at-law in Athens, Greece.
- Mr. Illrich Haas, a professor of law in Zurich, Switzerland, and an attorney in Hamburg, Germany, replaced another arbitrator.
- Mr. Jose Juan Pimld Sala, an attorney in Valencia, Spain, was also appointed as an arbitrator.
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Subsequent Actions:
- On May 12, 2022, the President of the CAS Appeals Arbitration Division decided that the arbitration tribunal should proceed with the case.
- Subsequently, the parties submitted their answers according to Article R55 of the CAS Code.
- On June 16, 2022, the Player submitted his briefs under Article R51 of the CAS Code.
This case involves complex legal issues surrounding football club transfers, financial obligations, and dispute resolution mechanisms in the international sports arena.
