国际足联季度报告CAS-2025年7月至次年3月版

Quarterly Reporton CAS FootballAwards Content Court of Arbitrationfor Sport FIFA Football Tribunal | Dispute Resolution Chamber FIFA Football Tribunal | Players’ Status Chamber FIFA Judicial Bodies | Disciplinary & Appeal Committees FIFA Clearing House Other FIFA cases Non-FIFA cases Quarterly Report on CAS Football Awards Court of Arbitration for Sport Dispute ResolutionChamber CAS 2024/A/10400 Reference number:CAS 2024/A/10400Award date:15 January 2025Seat of arbitration:Lausanne, Switzerland Aris Limassol FC v. AbdeljalilMedioub CATEGORY Employment, Status & Transfer Preliminary issue ISSUESlocus standi; jurisdiction; termination Did the FIFA DRC have jurisdiction to hear the dispute?Yes, the FIFA DRC had jurisdiction to hear the dispute. RELEVANT RULES & REGULATIONS CAS Code; art. R41Cyprus MA RSTP & NDRC; art. 22FIFA RSTP; art. 17, 22SCO; art. 73, 337, 339 Main issue n. 1 Did the club have just cause to terminate the player’s employment contract?No, the club did not have just cause to terminate the player’s employment contract. LANGUAGE English KEYWORDS breach of contract; compensation; justcause; lack of jurisdiction; mitigation; NDRC;standing to be sued CASE LAW CITED »Breach of contract, compensation:CAS 2005/A/876; CAS 2008/A/1519& 1520; CAS 2007/A/1358; CAS2007/A/1359; CAS 2008/A/1568.»Compensation, calculation:CAS2008/A/1519 & 1520; CAS 2010/A/2146& 2147; CAS 2015/A/4346; CAS2015/A/4046 & 4047; CAS 2016/A/4843;Cas 2017/A/5366; CAS 2018/A/5607;CAS 2018/A/6017.»Locus standi,horizontal dispute:CAS2020/A/7144.»Locus standi,vertical dispute: :CAS2016/A/4838. Background CAS 2024/A/10400 Aris Limassol FC v. AbdeljalilMedioub The parties signed employment agreement and supplementary agreement on31 August 2022. The player’s counsel set a warning notice to the club on 28 June2023 due to his removal from the team. The club reintegrated the player with theteam afterwards. The club terminated the player’s employment contract on 10August 2023 without providing any reason. The player’s counsel sent a warningnotice to the club on 11 August 2023. The player signed an employment contractwith an Algerian club on 9 September 2023. Before the FIFA Football TribunalDispute Resolution Chamber /6 October 2023:player filed claim/11 January 2024:decision rendered/4 March 2024:decision notified The player filed a claim before the FIFA DRC against the club for breach ofcontract on 6 October 2023, requesting compensation. The FIFA DRC renderedits decision on 11 January 2024, partially accepting the player’s claim. The FIFADRC notified its decision’s grounds on 4 March 2024. Before the Court of Arbitration forSport The club filed its appeal with CAS requesting that the sole arbitrator set asidethe FIFA DRC decision. The player filed his answer requesting that the solearbitrator confirm the FIFA DRC decision. /22 March 2024:club filed statement ofappeal/2 April 2024:FIFA filed comments/2 April 2024:FIFA renounced intervention/3 April 2024:club filed appeal brief/18 April 2024:sole arbitrator appointed/19 May 2024:player filed answer/21 June 2024:sole arbitrator decided tohold hearings/21 August 2024:CAS Court Officeforwarded order of procedure to the parties/10 September 2024:sole arbitrator heldhybrid hearing/23 September 2024:club filed submissionupon request/15 January 2025:sole arbitrator issuedaward CAS 2024/A/10400 Aris Limassol FC v. Abdeljalil Medioub MAIN LEGAL FINDINGS The sole arbitrator decided that: (a) the appeal filed by the club is partially upheld; (b) the FIFA DRC decision isamended; (c) the costs of the arbitration are borne 80% by the club and 20% by the player; and (d) the club shall paythe player a contribution in the amount of CHF 5,000 towards the legal fees and other expenses. Preliminary issue The sole arbitrator reasons that parties to an employment contract must validly deviate from the FIFA DRC defaultjurisdiction. Moreover, for parties to an employment contract to validly defer any dispute arising from that contract toan arbitral tribunal validly: (i) the arbitral tribunal must be independent; (ii) the arbitration clause must be included eitherdirectly in the contract or in a collective bargaining agreement; (iii) the arbitral tribunal must guarantee fair proceedings;and (iv) the arbitral tribunal must respect the principle of equal representation of players and clubs. The sole arbitrator notes that Cyprus MA NDRC lacks equal representation and was not operational at the time the playerfiled his claim before the FIFA DRC. The sole arbitrator decides that the FIFA DRC had jurisdiction to hear the dispute. Main issue The sole arbitrator reasons that a fact stands as true if undisputed. The sole arbitrator notes that the club did not dispute that it had terminated the player’s employment contract withoutjust cause. The sole arbitrator decides that the club did not have just cause to terminate the player’s employment contract. CAS 2023/A/9628 Referen