FIFA - Resolución 072440_11072024

Page 3

Decision of the Dispute Resolution Chamber passed on 11 July 2024

regarding an employment-related dispute concerning the player A

COMPOSITION :

Lívia SILVA KÄGI (Brazil / Switzerland), Deputy Chairwoman Mario FLORES CHEMOR (Mexico), member Michele COLUCCI (Italy), member

CLAIMANT / COUNTER-RESPONDENT:

Club A, Country A Represented by

RESPONDENT / COUNTER-CLAIMANT:

Player A, Country C Represented by

SECOND RESPONDENT:

Club B., Country B Represented byPage 4

I. Facts of the case

1. On 24 February 2019, the Country C club C (hereinafter, Club C) and Club A (hereinafter, Club A) agreed upon the transfer of the player A country C (hereinafter, the Player) in exchange for EUR 15,000,000 net, payable on 1 March 2019.

2. On 27 February 2019, Club A and Agency A concluded an Intermediary Agreement in accordance with which the latter was hired to negotiate and secure the conclusion of an employment agreement with the Player, in exchange for EUR 998,000 net, payable on 31 March 2019.

3. On 28 February 2019 Club A and the Player concluded an employment contract (hereinafter, the Contract) valid as from 28 February 2019 until 31 December 2023.

4. According to Appendix Nº 1 of the Contract, Club A and the Player agreed upon the following salary:

1. The Club pays the Player a salary in the following gross amounts:

1.1. 1 863 354,00 (one million eight hundred sixty three thousand three hundred fifty-four) Euros,

1. The Club pays the Player a salary in the following gross amounts:

1.1. 1 863 354,00 (one million eight hundred sixty three thousand three hundred fifty-four) Euros, which is equivalent to 1 500 000 (one million five hundred thousand) Euros net, as signing in fee to be paid until March 31, 2019.

1.2. 82 815,00 (eighty-two thousand eight hundred fifteen) Euros monthly before tax for the period between 28.02.2019 and 31.12.2019, which is equivalent of 800 000,00 (eight hundred thousand) Euros net annually.

1.3. 93 167,00 (ninety -three thousand one hundred sixty -seven) Euros monthly before tax for the period between 01.01.2020 and 31.12.2020, which is equivalent of 900 000,00 (nine hundred thousand) Euros net annually.

1.4. 103 519,00 (one hundred three thousand five hundred nineteen) Euros monthly before tax for the period 01.01.2021 and 31.12.2021, which is equivalent of 1 000 000,00 (one million) Euros net annually.

1.5. 113 871,00 (one hundred thirteen thousand eight hundred seventy-one) Euros monthly before tax for the period between 01.01.2022 and 31.12.2022, which is equivalent of 1 100 000,00 (one million one hundred thousand) Euros net annually.

1.6. 124 223,00 (one hundred twenty -four thousand two hundred twenty -three) Euros monthly before tax for the period between 01.01.2023 and 31.12.2023, which is equivalent of 1 200 000,00 (one million two hundred thousand) Euros net annually.

5. As per Clause 7.4 of the Contract,

The compensation due in case of premature termination of the present Contract is the following:Page 5

000,00 (one million two hundred thousand) Euros net annually.

5. As per Clause 7.4 of the Contract,

The compensation due in case of premature termination of the present Contract is the following:Page 5

7.4.1. If the Club is a party in breach of the Contract without just cause, the Club shall pay to the Player compensation calculated under the FIFA Regulations for the Status and Transfer of Players binding at the moment of this contract signing. Notwithstanding any other provisions contained in this Contract, Player agrees to use his best reasonable, diligent and good faith efforts to mitigate the Club’s obligation to pay compensation under this article of the Contract by seeking comparable employment. The amount of the Club’s obligation to pay compensation shall be reduced by the amount of the Player’s remuneration from such comparable employment.

7.4.2. If the Player is a party in breach of the Contract without just cause, the Player shall instantly fully indemnify the Club, pursuant to the legal principle of restitutio in integrum (positive interest), but in any event the damages amount shall not be less than 150,000,000 (one hundred fifty million) Euros. The Parties have given careful consideration to the damages it would incur, thus the abovementioned amount is considered by the Parties to be a genuine pre-estimate of such losses and do not constitute excessive, extravagant or oppressive. Thus, the Parties agree and acknowledge that the damages amount stated above is fair an reasonable and therefore the parties expressly waive any right to challenge the enforceability of this provision of the Contract.

6. On 24 February 2022, Country G invaded country A.

7. On 7 March 2022, the Bureau of FIFA Council approved temporary amendments to the FIFA Regulations on the Status and Transfer of Players , introducing a new Annexe 7 to the Regulations , according to which foreign players registered with Country G and Country A clubs were given the right to unilaterally suspend their contracts, initially until the end of the 2022/2023 season. The

Regulations on the Status and Transfer of Players , introducing a new Annexe 7 to the Regulations , according to which foreign players registered with Country G and Country A clubs were given the right to unilaterally suspend their contracts, initially until the end of the 2022/2023 season. The applicability of Annexe 7 RSTP was later extended, with the last extension applying to the 2024/2025 season.

8. On 4 August 2022, the Club D, country D (hereinafter, Club D) sent a letter signed by the Player to Club A informing that he was activating the suspension of the Contract until 30 June 2023.

9. Also on 4 August 2022, the Player was transferred to Club D under the transfer instruction “ engage out of contract free of payment”, and the Player and Club D concluded an employment agreement valid until 30 June 2023.

10. On 27 January 2023, the Club E, country E (hereinafter, Club E ) and Club D agreed upon the transfer of the Player in exchange for EUR 1,000,000.

11. On 28 January 2023, Club E and the Player concluded an employment agreement valid until 30 June

2023.

12. On 22 May 2023, FIFA issued its Circular letter nº 1849 by way of which it extended the possibility for foreign players and coaches employed at clubs affiliated to the UAF and the URS to suspend their contracts until 30 June 2024, provided that they informed their clubs in writing by 1 July 2023.Page 6

13. According to the Player, on 23 June 2023 he sent an email to the e -mail address @.com attaching a letter signed by himself and his agent, Agent A (hereinafter, Agent A) informing Club A that “he is activating the suspension of the contract with Club A until December 31,

2023”.

@.com attaching a letter signed by himself and his agent, Agent A (hereinafter, Agent A) informing Club A that “he is activating the suspension of the contract with Club A until December 31, 2023”.

14. On 3 July 2023, Club A sent a default notice to the Player stating, inter alia, the following:

“Please note that the temporary suspension of your employment contract, as stipulated in Annex 7 to the FIFA RSTP, expired on 30 June 2023. No official notice regarding the suspension of your contract for the upcoming season has been received from you within the deadline specified in Article 2 paragraph 2 of Annex 7 to the FIFA RSTP (May 2023 edition). Consequently, starting from 01 July 2023, you are required to fulfill your contractual obligations as a player of the Club. This includes participating in the training sessions with the Club’s team.

In view of the above, we hereby demand your immediate arrival at the team’s location, namely , Country F as soon as possible but no later than on 7 July 2023 (…).

Please be aware that if you disregard this notification, the Club retains the right to pursue all available legal remedies to enforce your obligations as a player under the terms of your employment contract”.

15. On 12 July 2023, the Player was transferred from Club E to Club A under the transfer instruction “engage out of contract free of payment”.

16. On 14 July 2023, Club A General Director, Mr (hereinafter, Mr ) sent the above default notice to Mr agent A via WhatsApp.

17. Also on 14 July 2023, Mr Agent A sent to Mr a letter, which was not signed and was dated 7 July 2023, informing, inter alia, the following:

“In response to the notification sent by Club A on July 03, 2023, notifiers state the following: The athlete (…) and as previously communicated, is interested in the suspension of the contract of work with Club A

7 July 2023, informing, inter alia, the following:

“In response to the notification sent by Club A on July 03, 2023, notifiers state the following: The athlete (…) and as previously communicated, is interested in the suspension of the contract of work with Club A until 31 December, 2023”.

18. On 31 July 2023, Club A sent a new default notice to the Player where reference to the previous letter

was made, and where Club A informed him that:

“(…) In view of the above, we hereby demand your immediate arrival at the team’s location in Country A , as soon as possible but no later than 6 August 2023. This is the last and non -exhaustive extendable deadline to comply with your contractual obligations. Please be aware that if you disregard this second notification, the Club will terminate your employment contract with just cause, in which case we will also seek compensation for unilateral contract termination”.

19. On 3 August 2023, Mr Agent A replied via e-mail to the above-mentioned communication as follows:Page 7

“The athlete Player A -, as previously communicated on June 23, 2023 and 7 July, 2023 (in response to the notification sent by the club on July 3, 2023) communicates, once again, which is very important for the athlete, he has chosen to suspend its contract with Club A until December 31, 2023, as authorized by Appendix 7 of the FIFA RSTP (May 2023 version)”.

20. On 3 and 4 August 2023, Mr and Mr Agent A had the following conversation via WhatsApp:

3 August 2023

[Mr ]: “@.net. Can you send your letters to this mail?

[Mr Agent A]: “Ok”.

4 August 2023

[Mr Agent A]: “ good afternoon, as I communicated Player A is about to transfer to a club what

[Mr ]: “@.net. Can you send your letters to this mail?

[Mr Agent A]: “Ok”.

4 August 2023

[Mr Agent A]: “ good afternoon, as I communicated Player A is about to transfer to a club what wants to use Fifa regulations to sign the player. But there is a club that wants to sign Player A but wants to give financial compensation to Club A, what would be the amount?”

[Mr ]: “@.com, @.com. Hi Mr , can you send one more time answer for our letters to this mail because the previous one was incorrect”.

[Mr Agent A]: “Ok”.

[Mr ] (in response to Mr. Agent As inquiry): “Euro 8 mln”.

[Mr Agent A]: “he only has 5 months of contract, I believe the maximum they can reach is 2M”.

[Mr ]: “If you are asking Euro 10 mln signing and agent fees why I can not ask Euro 8 mln? But we have paid Euro 17 mln for him. What have you spend for the player?”.

[Mr Agent A]: “I’ve taken care of him since he was 8 years old, I spent my time and invested all I had of resources”.

21. On 7 August 2023, Club A unilaterally terminated the Contract , informing the Player about the

following:

“In response [to the Player’s communication of 3 August 2023], we must stress that we have never received from you any suspension notification before 3 August, neither on 22 June 2023 nor later. Your suspension of the employment contract referred to Annex 7 to FIFA Regulations on the Status and Transfer of Players w as made manifestly late on 3 August 2023 and thus beyond the permitted deadline 1 July

2023. We regard your attempt to suspend the Contract made in August as a clear example of abuse of

suspension of the employment contract referred to Annex 7 to FIFA Regulations on the Status and Transfer of Players w as made manifestly late on 3 August 2023 and thus beyond the permitted deadline 1 July

2023. We regard your attempt to suspend the Contract made in August as a clear example of abuse of Annex 7. Your attempt to backdate the suspension notice constitutes a bad faith behavior and abuse of rights.Page 8

On this basis we consider suspension of your employment contract with Club A null and void per se and without any legal effect.

I also refer you to my notification of 3 July 2023 and second notification of 31 July 2023, by virtue of which the Club requested you twice to join Club A team for the trainings. Up to this date you refused to act accordingly, which is a serious breach of the Contract. Moreover, your intent to sign with another club does not leave any room for further doubts showing your refusal to fulfill the Contract.

On this basis Club A terminates your employment contract with an immediate effect. We also reserve the right to request a compensation from you for the breach of the Contract without just cause”.

22. According to the information contained in the Transfer Matching System, on 10 August 2023 the Player and the Country B Club B (hereinafter, Club B ) concluded an employment contract

(hereinafter, the New Contract) valid as from 10 August 2023 until 30 June 2027.

23. In accordance with Clause 3 of the New Contract, the Player is entitled to receive the following fixed

financial benefits:

1. As sign-on fee, EUR 3,100,000 net in the following instalments:

• EUR 1,100,000 on 31 August 2024; and

• EUR 2,000,000 on 31 December 2024.

1. As salary, the amount of EUR 2,800,000 net per season (i.e., total of EUR 11,200,000 net) paid in

• EUR 2,000,000 on 31 December 2024.

1. As salary, the amount of EUR 2,800,000 net per season (i.e., total of EUR 11,200,000 net) paid in ten equal instalments of EUR 280,000 net on 31 August, 1 October, 31 October, 30 November, 5 January, 31 January, 28 February, 5 April, 30 April and 31 May of each season.

24. On 11 August 2023, Club B entered a transfer instruction in TMS to engage the Player permanently.

Club B uploaded as proof of last contract end date the email dated 23 June 2023 allegedly sent to Club A.

25. On 15 August 2023, Club A sent a communication to TMS Help Desk and Regulatory Compliance indicating, with regard to the transfer instruction introduced by Club B in TMS (“engage out of contract free of payment”), that it did not recognize the screenshot of the email dated 23 January 2023, and that it appeared to be fabricated.

26. On 17 August 2023, the UAF requested the cancellation of the transfer stating that “Club A considers the suspension of the Player’s employment contract on the basis of Annex 7 null and void per se and without any legal effect. The employment contract was unilaterally terminated by Club A on 7 August

2023”.Page 9

27. On 18 August 2023, the TFF uploaded a communication into TMS by way of which they objected the cancellation request and requested FIFA to confirm the registration.

28. On 21 August 2023, FIFA Regulatory Compliance rejected the cancellation of the transfer , and the Player was registered with Club B.

II. Proceedings before FIFA

29. On 19 September 2023, Club A filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Claim of Club A

Player was registered with Club B.

II. Proceedings before FIFA

29. On 19 September 2023, Club A filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Claim of Club A

30. According to Club A, the Player did not suspend the Contract in accordance with art. 2 par. 2 of Annex 7 of the Regulations, as he did not inform in writing about the suspension of the Contract before 1 July 2023. In this respect, Club A alleged that it never received the email from 23 June 2023, and sustained that the photographic evidence produced by the Player and Club B in FIFA TMS is allegedly fake/fraudulent/fabricated and, consequently, it did not recognize it.

31. Club A alleged that while in the first letter of the Player (sent on 14 July 2023 but dated 7 July 2023) he stated that “ he is interested in the suspension of the contract”, it was not until the second latter

(dated 3 August 2023) when the Player “(…) indicated for the first time that he had allegedly suspended his Contract with Club A via notification send to the latter on 23 June 2023”, and that “had he suspended the Contract via email on 23 June 2023, he would have indicated so in his response to Club A r’s letter of 3 July 2023 and his agent, Mr. would have mentioned the same in the WhatsApp conversations with Mr. ”.

32. Club A sustained that the WhatsApp conversation between Mr Agent A and Mr (dated 4 August 2023) demonstrates that the Player was aware that he never suspended the Contract on 23 June 2023, since Mr Agent A recognized in the said conversation that the Player still had five months remaining on the Contract and, otherwise, “the question of the interested club willing to pay a potential transfer fee to Club A does not arise”.

33. Club A asserted that it requested FIFA to demand the .eml version of the email both from the Player

remaining on the Contract and, otherwise, “the question of the interested club willing to pay a potential transfer fee to Club A does not arise”.

33. Club A asserted that it requested FIFA to demand the .eml version of the email both from the Player and Club B and that, till date, neither of them has provided it which , according to Club A “speaks volumes about their alleged fraudulent and possible criminal act”.

34. Club A also argued that even though the Contract did not provide for any email for communications, the email @ is mentioned in the first page of the Contract and is used by Club A at all times to communicate with the Player.

35. Club A sustained that it had just cause “ as [the Player] never turned up for training ” despite “ Club A had given him two opportunities to resume duties with the Club to fulfil his contractual obligations ”.Page 10

36. Club A claimed being entitled to EUR 150,000,000 as compensation for breach of contract, based on Clause 7.4.2 of the Contract. According to Club A , the Football Tribunal should not outrightly disregard this clause but rather adjust it if deemed excessive, in which case the compensation should be of EUR 15,000,000 net (i) “ considering the last six months of his Contract”, (ii) that this was the amount paid to Club C in exchange for the Player’s transfer, (iii) and that the current market value of the Player is EUR 25,000,000 a ccording to Transfermarkt and EUR 20,000,000 according to

CIES Football Observatory.

37. Subsidiarily, Club A asserted that the compensation shall be calculated according to Art. 17 par. 1 of the Regulations, and figure d the compensation in EUR 2,599,800 net based on the following

arguments:

• Club A alleged that it should be entitled to the average of what it would have paid the Player for the period 1 July 2023 to 31 December 2023 and the salary that Club B are paying to the Player

arguments:

• Club A alleged that it should be entitled to the average of what it would have paid the Player for the period 1 July 2023 to 31 December 2023 and the salary that Club B are paying to the Player for the same period, which Club A figured at EUR 1,000,000 net.

• Club A further assert ed that the compensation should be increased in EUR 1,500,000 net, representing the non-amortized cost of the transfer fee paid to Club C , as well EUR 998,000 net corresponding to the amount paid and non -amortized to the Agency A when the Player was signed from Club C.

• Club A also argued that the compensation should be increased, to the discretion of the Football Tribunal, according to the specificity of sport and, in particular, due to the alleged abusive conduct of the Player.

38. Club A also sustained that Club B should be jointly and severally liable to pay compensation as per Art. 17 par. 2 of the Regulations. Also, that both the Player and Club B should be sanctioned for allegedly having abused Annexe 7 and for having failed to tell the truth in these proceedings.

39. Club A finally argued that the Player should be ordered to reimburse EUR 450,000 net, which corresponds to the pro rata calculation of the sign -on fee paid to the Player as from 1 July 2022 to 31 December 2023 (i.e., 18 months). According to Club A , “the reason for the payment of the signon fee in 2019 was that Player A will play with Club A for the next five years. However, such a requirement subsequently ceased to exist since July 2022 ” and “ Thus, Player A is liable to reimburse this amount to Club A otherwise the same would lead to unjust enrichment of Player A at the expense of Club Ar”.

40. Club A requested the following relief:

1. Club A terminated the Contract of Player with just cause on 7 August 2023.

Club A otherwise the same would lead to unjust enrichment of Player A at the expense of Club Ar”.

40. Club A requested the following relief:

1. Club A terminated the Contract of Player with just cause on 7 August 2023.

2. As a consequence of the termination of the Contract with just cause by Club A, the Player is liable under Article 17.1 of the FIFA RSTP to pay Club A:

1. An amount of EUR 150,000,000 NET (one hundred fifty million euros) as foreseen in clause 7.4.2 of the Contract between the Player and Club A along with an interest of 5% p.a. as fromPage 11

8 August 2023 until the date of effective payment;

1. As an alternative to point i, an amount of EUR 15,000,000 NET (fifteen million euros) or an amount that the Football Tribunal considers fair adjusting clause 7.4.2 of the Contract given the circumstances of the case along with an interest of 5% p.a. as from 8 August 2023 until the date of effective payment;

1. As an alternative to points i and ii, an amount of EUR 2,599,800 NET (two million five hundred ninety-nine thousand eight hundred euros) plus any amount that the F IFA Football Tribunal decides under the head of specificity of sport under Article 17.1 of the FIFA RSTP along with an interest of 5% p.a. as from 8 August 2023 until the date of effective payment.

1. As an alternative to point iii, an amount to be decided at the discretion of the FIFA Football Tribunal on the basis of circumstances of this case under Article 17 of the FIFA RSTP along with an interest of 5% p.a. as from 8 August 2023 until the date of effective payment.

3. Club B is jointly and severally liable to pay any amount determined under point 2 above along with the Player under Article 17.2 of the FIFA RSTP.

an interest of 5% p.a. as from 8 August 2023 until the date of effective payment.

3. Club B is jointly and severally liable to pay any amount determined under point 2 above along with the Player under Article 17.2 of the FIFA RSTP.

4. Separately and irrespective of points 1 , 2 and 3 above, in all scenarios, to order the Player to reimburse Club A an amount of EUR 450,000 NET (four hundred fifty thousand euros) along with an interest of 5% p.a. as from 8 August 2023 until the date of effective payment representing the pro rata amount of the total sign-on fee paid by Club A to the Player in 2019.

5. To impose appropriate disciplinary measures/sanctions on the Player under Article 17.3 of the FIFA RSTP and sporting sanctions on Club B as mentioned in Article 17.4 of the FIFA RSTP.

b. Reply and counterclaim of the Player

41. According to the Player , following the same procedure as in previous occasions, and after FIFA issued the Circular letter nº 1849, of 22 May 2023, he sent an email to Club A on 23 June 2023 informing it that he was going to make use of the suspension of the Contract.

42. The Player argued that at the beginning of the war “ Club A took the deliberate and irresponsible attitude of calling its athletes back to Country A territory, when it was fully aware of the danger and risks to which it was exposing them ” and that “ This situation, evidently, in itself, resulted in a total and irreversible loss of confidence in the athlete towards Club A”.

43. According to the Player, this situation made him and his wife feel “ harmful symptoms of a psychological crisis due to exposure to the situation described”, reason why they sought for professional assistance.

44. For the Player, the above facts constitute a serious and fair cause for the unilateral termination of the Contract.Page 12

psychological crisis due to exposure to the situation described”, reason why they sought for professional assistance.

44. For the Player, the above facts constitute a serious and fair cause for the unilateral termination of the Contract.Page 12

45. The Player further argue d that Club A misunderstood Annexe 7 of the Regulations, and is seeking compensation under the pretext that they are having losses. The Player referred to an interview where Mr allegedly made public and open threats to other clubs when he said for ESPN that “I would like to send a message to those clubs who are trying to sign our players without paying a transfer fee, Club A will file claims for unjust enrichment against players or clubs who have enriched themselves and benefited by obtaining a financial advantage (…)”.

46. The Player sustained that it was Club A itself who provided the email from 23 June 2023 and, consequently, its existence cannot be disputed.

47. According to the Player, the mentioned email was sent to the same email address from which the Player received the default notices (i.e., @). Additionally, that Mr requested Mr Agent A via WhatsApp to address his letters to @, and then to @ and @.

48. The Player considered it was for Club A to explain why this email was not found in their email box, and that the Player cannot be responsible for this. The Player also referred to the technological consequences of the war that might had caused this.

49. The Player further alleged that, in spite of the foregoing, his intention to suspend the Contract was already known by Club A, given that “ (…) the athlete has made all possibilities of suspension hitherto permitted by FIFA, with his effective temporary transfer to Lyon and Club E . There is no way that Club A did not previously know the athlete’s intention to suspend his employment contract”.

50. For the Player, the termination is only supported by a biased and partial report of one of Club A employees. In this regard, the Player assert ed that Club A have not produced any proof that the

did not previously know the athlete’s intention to suspend his employment contract”.

50. For the Player, the termination is only supported by a biased and partial report of one of Club A employees. In this regard, the Player assert ed that Club A have not produced any proof that the email is not valid, and thus considered that he “validly suspended the contract with Club A”.

51. As to the alleged just cause of Club A to terminate the Contract, the Player asserted that it is not disputed that country A law is applicable to the proceedings. In this regard, the Player referred to CAS 2010/A/2252 where it was established that “ Under Country A labour law, the dismissal of an employee due to his absence from work is unlawful if a person has a good reason to be absent. Lawful dismissal applies only if one can establish a person’s fault or guilt in being absent”.

52. The Player alleged that, bearing in mind the above and considering the past and current situation in Country A, he had a good reason for not returning to Club A.

53. The Player sustained that the agreed compensation of EUR 150,000,000 was “exorbitant”, and also considered that there is no justification to the other amounts claimed subsidiarily.

54. The Player also denied Club A entitlement to be reimbursed with the sign-on fee paid to him.

55. The Player argued that Club A is interpreting the messages sent via WhatsApp between Mr Agent A and Mr , since in these messages Mr Agent A only introduced two options: (i) a transfer on loanPage 13

on the basis of Annex e 7 of the Regulations; or (ii) a definitive transfer against compensation to “avoid tumultuous environment with the aim of obtaining advantages to which he was not entitled” .

56. According to the Player, “Club A is manipulating the content of the messages sent by Agent A to, trying to provide nonexistent proof that Agent A himself admitted that the athlete could not transfer temporarily, on loan”.

56. According to the Player, “Club A is manipulating the content of the messages sent by Agent A to, trying to provide nonexistent proof that Agent A himself admitted that the athlete could not transfer temporarily, on loan”.

57. The Player sustained that he could not provide the .eml version of the email, as he is an iCloud user, which does not include the .eml extension. In this respect, it should be Club A who, as per art. 13 par. 5 of the Regulations, should have demonstrated its position.

58. The Player also reject ed the imposition of any sporting sanctions given that the alleged breach of contract occurred outside the protected period.

59. The Player requested the following relief:

a) That termination of athlete’s employment contract by Club A on August 7, 2023 was illegal and without just cause;

b) As a consequence of the illegal and unfair termination of the athlete’s contract, there is no amount to be paid in any way by him to Club A;

c) Due to the inconsistency and untruth of the arguments used by Club A, no form of sanction is applied to the athlete.

60. In his counterclaim against Club A , the Player alleged that few days before the war started, the players of Club A were outside Country A carrying out their pre -season training in Country B, and that in spite of the threat of an imminent war, Club A ordered their players to return to Country A.

61. According to the Player, Club A refused to release their p