A default notice which does not satisfy the requirements of Article 14bis FIFA RSTP may nevertheless constitute an adequate warning for the purposes of Article 14.1. Where persistent payment defaults continue thereafter, their cumulative effect may justify termination with just cause, notwithstanding inaccuracies in the notice or the absence of an express threat of termination.
Facts and Procedure
On 6 February 2024, the Club and the Player concluded an employment contract (the Contract) valid until 30 June 2025: EUR 450,000 net for 2023-2024 (five instalments of EUR 90,000) plus a guaranteed bonus of EUR 100,000 due 30 June 2024; EUR 900,000 net for 2024-2025 plus a guaranteed bonus of EUR 200,000 due 30 June 2025; and a monthly accommodation and vehicle allowance of EUR 1,500.
Decisively for the dispute, Article 3-11 provided that each monthly salary fell due by the 15th day of the following month, and Article 4(a) obliged the Club to “fulfil all obligations in time”. Article 3-24 required the Club to provide return flights on the São Paulo-Adana route; Article 3-26 obliged the Player to attend training camps; Article 9 conferred exclusive jurisdiction on FIFA, with appeal to CAS alone.
The Club’s performance was defective from the outset: the February 2024 salary, due on 15...
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