国际足联季度报告CAS-2025年10月至10月版

QUARTERLY REPORT ON CAS FootballAwards Content Case law table Court of Arbitration for Sport Court of Arbitration for Sport Dispute ResolutionChamber TAS 2024/A/11017 Reference number:TAS 2024/A/11017Award date:12 May 2025Seat of arbitration:Lausanne, Switzerland Maghreb Association Sportive c.Wyao Justin Yere Barowheou Patrick Grandjean| Attorney-at-law in Belmont-sur-Lausanne, Switzerland ORIGINFIFA Football Tribunal Dispute Resolution Chamber CATEGORY Employment, Status & Transfer Main issue ISSUESapplicable law; damages; termination Is the performance bonus to be included in the calculation of the compensation fortermination of the employment contract owed by the club to the player? RELEVANT RULES & REGULATIONS No, the performance bonus is not to be included in the calculation of the compensation fortermination of the employment contract owed by the club to the player. CAS Code; art. R58FIFA RSTP; art. 17FIFA Statutes; art. 49(2)Moroccan Code of Obligations andContracts; art. 462PILA; art. 187SCO; art. 18 LANGUAGEFrench KEYWORDS breach of contract; choice of law;compensation; just cause; mitigation CASE LAW CITED »Applicable law, domestic law:CAS2014/A/3652.»Applicable law, Haas doctrine:TAS2018/A/5896.»Applicable law, regulations:CAS2016/A/4569.»Burden of proof, allocation:CAS2013/A/3097.»Contractual interpretation, parties’intention:ATF 132 III 268; ATF 132 III626; ATF 131 III 606; ATF 144 III 93; TAS2024/A/7958; TAS 2024/A/10466.»Remuneration, performance bonus:TAS 2021/A/7958; TAS 2021/A/8115;TAS 2024/A/10466. Background TAS 2024/A/11017 Maghreb Association Sportive c.Wyao Justin Yere Barowheou The parties signed an employment agreement on 10 August 2023, valid until 30June 2026.The employment contract provided for performance bonus payments.The player sent a default notice to the club on 23 April 2024. The club replied on24 April 2024. The player sent a termination notice to the club on 10 May 2024. Before the FIFA Football TribunalDispute Resolution Chamber The player filed a claim before the FIFA DRC against the club for breach of contracton 24 May 2024, requesting outstanding remuneration and compensation. TheFIFA DRC rendered its decision on 8 August 2024, partially accepting the player’sclaim. The FIFA DRC notified its decision’s grounds on 22 October 2024. /24 May 2024:player filed claim/8 August 2024:decision rendered/22 October 2024:grounds notified The club filed its appeal with CAS requesting that the sole arbitrator set aside theFIFA DRC decision. The player signed an employment agreement with a Togoleseclub on 18 November 2024, valid until 29 June 2025. The player filed his answerrequesting that the sole arbitrator confirm the FIFA DRC decision. Before the Court of Arbitration forSport The club requested on 21 April 2025 that the sole arbitrator deduct from thecompensation owed to the player any earnings to which he is entitled under hisemployment contract with the Togolese club. The player accepted the mitigationrequest on 29 April 2025. /12 November 2024:club filed statementof appeal/17 December 2024:club filed appeal brief/2 February 2025:player filed answer/4 February 2025:sole arbitrator appointed/31 March 2025:sole arbitrator decided notto hold hearing/31 March 2025:CAS Court Officeforwarded order of procedure to the parties/21 April 2025:club filed submission onmitigation/21 April 2025:club filed new evidence/28 April 2025:club filed comments/28 April 2025:player filed new evidence/29 April 2025:player filed submission onmitigation/12 May 2025:sole arbitrator issued award TAS 2024/A/11017 Maghreb Association Sportive c. WyaoJustin Yere Barowheou MAIN LEGAL FINDINGS The sole arbitrator decided that: (a) the appeal filed by the club is partially upheld; and (b) the FIFA DRC decision isamended. Main issue The sole arbitrator reasons that an annual performance bonus may be paid either as: (i) a pre-determined lump sumindependent of any variable factor; or (ii) according to a specific formula considering specific conditions. The sole arbitrator notes that the parties agreed that the player would be entitled to the performance bonus if he achievedcertain predefined conditions. The player did not achieve such conditions. The sole arbitrator decides that the performance bonus is not to be included in the calculation of the compensation fortermination of the employment contract owed by the club to the player. CAS 2024/A/10445 Reference number:CAS 2024/A/10445Award date:10 October 2025Seat of arbitration:Lausanne, Switzerland El Zamalek Sporting Club v.Ferjani Sassi & Al Duhail SC CATEGORY Employment, Status & Transfer Main issue Is the player entitled to outstanding remuneration under his Zamalekemployment contract? RELEVANT RULES & REGULATIONS Yes, the player is entitled to outstanding remuneration under his Zamalekemployment contract. CAS Code; art. R29FIFA RSTP, annexe 3 (ed. Feb.2021); art. 5(1)SCO; art. 18 LANGUAGE English KEYWOR