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

CAS 2023/A/9960 Sporting Clube de Portugal v. FC Internazionale Milano S.P.A

Date of the decision: 2025-04-25

Arbitrator(s): Leanne O'Leary Petros C. Mavroidis Pierre Muller

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.

Facts and Procedure

In August 2016, João Mário was transferred from Sporting CP to Inter Milan for EUR 40 million. The transfer agreement included a right of first refusal in favour of Sporting, applicable in the...

Why not join us?

Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).

Get started