国际足联CAS足球奖季度报告-2025年1月版

Quarterly Reporton CAS FootballAwards Content Foreword The jurisprudence of the Court of Arbitration for Sport (CAS) has long been a cornerstone for legalprofessionals working in the field of sports law. Over the years, CAS rulings have played a crucialrole in shaping the regulatory framework of various sports, providing legal certainty, and ensuringfair play. This is especially true in the world of football, where legal disputes often arise due to thecomplexities of contracts, transfers, disciplinary matters, and governance issues. The latest official statistics, as published by FIFA in itsCAS & Football Annual Report 2024,confirmthe significance of CAS in football-related disputes. According to the report, more than 70% ofthe proceedings brought before CAS pertain to football cases. This underscores the vital role thatCAS plays in maintaining the integrity of the sport and resolving conflicts between players, clubs,national associations, and other stakeholders. Recognizing our commitment to transparency, FIFA has decided to launch theFIFA QuarterlyReportonCAS Football Awards. This initiative is designed to provide legal professionals, footballadministrators, and all interested stakeholders with a comprehensive, up-to-date analysis ofCAS rulings in football-related cases. Through thisQuarterly Report,we aim to enhance theunderstanding of CAS decisions and highlight key legal trends. Published every three months,our Report will always include non-confidential CAS awards notified by the CAS to FIFA in the lastquarter (in this case, from 1 January 2025 to 31 March 2025), as well as relevant decisions on non-football cases published by the CAS on its website. On top of that, the Report will also include themost important rulings of the Swiss Federal Tribunal and European Court of Justice. Beyond CAS decisions, theQuarterly Reportwill also include references to landmark rulings fromthe Swiss Federal Tribunal and the European Court of Justice, particularly those that have had adirect or indirect impact on football. Additionally, the report will feature brief mentions of notableCAS decisions in other sports. To ensure accessibility and ease of reference, theQuarterly Reportwill be published in PDF formatand made available free of charge. It will be permanently accessible and regularly updated on ourofficial legal platform:legal.fifa.com.Our objective is to create an indispensable legal resource thatserves not only FIFA and its member associations but also clubs, players, lawyers, and academicsinvolved in the legal aspects of football. At FIFA, we believe that knowledge-sharing and transparency are essential to fostering a well-regulated and legally sound football ecosystem. By offering this in-depth analysis of CAS rulings,we hope to contribute to the ongoing professionalization of football law and to assist stakeholdersin navigating the complexities of legal disputes in the sport. Yours faithfully, Emilio Garcia Silvero FIFA Chief Legal & Compliance Officer Court of Arbitrationfor Sport FIFA Football Tribunal | Dispute Resolution ChamberFIFA Football Tribunal | Players’ Status ChamberFIFA Judicial Bodies | Disciplinary & Appeal CommitteesFIFA Judicial Bodies | Ethics CommitteeFIFA Clearing HouseOther FIFA casesNon-FIFA cases Quarterly Report on CAS Football Awards Court of Arbitration for Sport FIFA Football Tribunal Dispute ResolutionChamber CAS 2023/A/9855 Reference number:CAS 2023/A/9855Award date:13 January 2025Seat of arbitration:Lausanne, Switzerland Eliandro dos Santos Gonzaga v.Suphanburi Football Club &Fédération Internationale deFootball Association (FIFA) ORIGIN FIFA Football Tribunal Dispute Resolution Chamber, appeal CATEGORY Employment, Status & Transfer Main issue n.1 ISSUESStatute of limitations; contract interpretation Is the claim time-barred? Partially yes, any claim relating to the first employmentagreement is time-barred. RELEVANT RULES & REGULATIONSFIFA RSTP, ed. Oct.22; art. 23 Main issue n.2 LANGUAGEEnglish Did the parties validly conclude an employment agreement? No, the parties didnot validly conclude an employment contract. KEYWORDS Time-barred; essentialia negotii; venirecontra factum proprium CASELAW CITED /Contract interpretation, “essentialianegotii”:CAS 2021/A/8292, CAS2017/A/5164 /Contract interpretation, “venirecontra factum proprium”:CAS2017/A/5046; CAS 2015/A/4195 CAS 2023/A/9855 Background Eliandro dos Santos Gonzagav. Suphanburi Football Club &Fédération Internationale de FootballAssociation (FIFA) The parties signed an employment contract on 17 December 2019, valid until 31December 2020. On 20 April 2020, the club provided the player with a documentthat amended the employment contract, according to which the club reducedthe player’s salary by 50% as of April 2020 due to financial hardship caused by thecovid-10 pandemic and the suspension of the Thai professional football league.The player did not sign that document. The parties allege