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Football-legal
31
May
2024
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Georgi GRADEV
Marton KISS
CAS
Cases
International
Football Legal # 20

Consequences of Terminating a Contract Without Just Cause During the Protected Period - by Georgi GRADEV and Marton KISS


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CAS 2023/A/9578, CAS 2023/A/9579 & CAS 2023/A/9580
Date of the decision: 2023-12-21
Arbitrator(s): Luigi Fumagalli Rui Botica Santos López Batet Jordi

 

 

If a contract is terminated without just cause during the protected period, the sporting sanctions imposed on the player and his new club are appropriate and automatic unless exceptional circumstances exist or the new club can rebut the presumption of inducement.

Introduction

 

This award concerns three separate appeals filed by (i) NK Olimpija Ljubljana (Olimpija) in CAS 2023/A/9578 against Jaka Cuber Potocnik (Player) and 1. FC Köln (First Köln); (ii) FC Köln GmbH & Co. KGaA and First Köln (collectively as Köln) against Olimpija and FIFA in CAS 2023/A/957; and (iii) the Player against Olimpija and FIFA.

The case centers around the Player’s and First Köln’s joint liability for breach of contract.

Factual Background

 

On 1 June 2021, the Player and Olimpija concluded an employment agreement (Olimpija Contract) valid from the said date until 30 June 2024....

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Topics
  • CAS
  • Player/Coach Contract
Keywords
  • Breach of contract
  • Court of Arbitration for Sport (CAS)
  • Just cause
  • Minors
  • Sporting sanctions
Authored by
Georgi GRADEV
About Georgi GRADEV
Marton KISS
About Marton KISS
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