As repeatedly stated in CAS jurisprudence, the CAS appeals arbitration procedure entails a de novo review of the merits of the case and is not confined merely to deciding whether the ruling appealed was correct or not. Accordingly, it is the function of the CAS panel to make an independent determination as to merits.
Both under the applicable Russian Law and under the FUR and FIFA RSTP, a party is obliged to return to the other one the amount of compensation it has received in excess of the legal compensation determined under the FUR and FIFA rules.
If a CAS panel is unable to determine the applicable interest amount according to the applicable national law, in accordance with Article 16 of the Swiss PILA, which applies by analogy in arbitration proceedings in Switzerland, Swiss law shall apply instead of the applicable specific national law.Facts/Procedure
On 24 July 2013, Rubin Kazan FC (the Club) and Dimitri Torbinskyi (the Player) concluded an employment contract for the engagement of the Player as a professional football player from 24 July 2013 until 31 May 2015
On 28 April 2014, the Club sent a notice informing the Player that it terminated the Contract with effect as of 31 May 2014, without any reference to reasons for the termination other that it was made according to clause 4.3 of the Contract.
On 16 June 2014, the Player filed a claim before the Dispute Resolution Chamber of the Football Union of Russia (FUR DRC) against the Club, requesting compensation for the termination of the Contract. On 26 June 2014 the FUR DRC rendered its decision ordering Rubin Kazan to pay EUR 1,500,000 as compensation and imposing a ban on the registration of new players until payment of the abovementioned amount.
On 14 July 2014, Rubin Kazan filed...
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