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Penalty Clause and Right of First Refusal in Player Transfers: CAS 2023/A/9960 Sporting Clube de Portugal v. FC Internazionale Milano

In this case, the dispute concerned whether Inter Milan had violated a clause in the 2016 transfer agreement of João Mário by allegedly circumventing Sporting's right of first refusal when the player joined SL Benfica. Sporting claimed EUR 30 million under a penalty clause. The Sole Arbitrator rejected the claim, concluding that the contractual conditions for triggering the payment had not been met and that no bad faith had been proven.

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The 22nd Edition of the Football Legal Journal is Out!

Football Legal # 22 (2025/1) was published on 3 June 2025. As usual, each issue analyzes in depth a topic relevant to football law practitioners. This time, the topic was contractual clause matters in football across various jurisdictions and legal practices, with an emphasis on drafting strategies.

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Claim filed after Settlement Agreement: CAS 2024/A/10812 Pedro Miguel Marques Costa Filipe v. Al Tai Club

In this case, the Court of Arbitration for Sport rejected a coach’s claim for further compensation, finding that he had already accepted a mitigated settlement and waived additional claims by not including them in his Statement of Appeals. Legally, the Sole Arbitrator held that the coach was not entitled to performance-based bonuses post-termination and that accepting partial mitigated compensation did not entitle him to further payments, mainly since he contributed no substantial performance after being dismissed.
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Latest FL Publication

Football Legal # 22

Special Report: Key Specific Clauses in Player and Coach Contracts with Clubs

 
To access Football Legal # 22, our Leader and Premium subscribers may click here

 

The edition’s Special Report, “Key Specific Clauses in Player and Coach Contracts with Clubs”, offers a practical and in-depth review of some of the most sensitive and strategically important provisions found in football employment contracts. With the summer transfer window fast approaching in Europe, this Special Report has been designed to help lawyers, clubs, federations and agents better understand, draft and negotiate key clauses regulating the relationship between players, coaches and clubs.

Following the structure introduced in Football Legal # 19 (focused on club-to-club transfer clauses), this new Special Report takes a clause-by-clause approach to core and sometimes controversial topics. The issues examined include, among others, duration and termination clauses, remuneration and net salary guarantees, disciplinary provisions, religious practices, pandemic-related risks, geopolitical instability and waivers of the FIFA RSTP framework.

Far more than a descriptive overview, this Report provides clear practical guidance based on real-life challenges and the collective experience of top legal professionals in the field. It is designed to serve as both a strategic and operational tool for practitioners preparing for contract negotiations or anticipating potential disputes.

This edition also includes our regular features and contributions on football law and governance. The Perspectives section offers concise commentary on current regulatory trends and emerging challenges. In the International News section, special attention is paid to the growing influence of European Union law and its impact on football’s regulatory frameworks, as well as to recent key decisions from the Swiss Federal Tribunal and the Court of Arbitration for Sport (CAS), which remain central to global sports jurisprudence.

The National News section presents legal updates from 15 countries - from Spain to South Korea, and from England and Sweden to Turkey and Argentina - illustrating how football law continues to evolve and diversify across jurisdictions.

As always, this edition reflects Football Legal’s commitment to providing football law professionals with reliable, high-quality and globally informed legal content.

Leader and Premium subscribers, to order your paper version, click here (free of charge, excluding shipping costs).

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