Boluspor KD v. Haris Hajdarevic, FK Zeljeznicar

At a glance

Parties

Boluspor Kulübü Derneği (Turkey) v. Haris Hajdarevic (player) and FK Zeljeznicar Sarajevo (Bosnia and Herzegovina)

Case no.

CAS 2022/A/8891

Forum and rules

Court of Arbitration for Sport, appeals procedure, CAS Code (2021 edition); FIFA regulations, with Swiss law applying subsidiarily

Treaty

None. Appeal against a decision of the FIFA Dispute Resolution Chamber of 16 February 2022

Tribunal

Mark Hovell (President), Efraim Barak, Manfred Nan

Sector

Football; player employment contract

Outcome

Appeal dismissed (20 September 2023). The Panel upheld the FIFA DRC decision that the player had terminated with just cause, but on the basis of Article 14 of the FIFA RSTP rather than Article 14bis.

Amount

Boluspor claimed EUR 246,800 in compensation. The Panel upheld the FIFA DRC award to the player: EUR 2,750.79 and TRY 3,830 in outstanding pay, plus EUR 177,067 as compensation, each with 5% interest a year.

The dispute

Haris Hajdarevic, a Bosnian footballer, signed an employment contract with the Turkish club Boluspor (BKD) on 14 January 2021, running until 31 May 2023. BKD paid him only EUR 8,000, in cash. On 28 July 2021 he sent a default notice under Article 14bis of the FIFA RSTP demanding EUR 22,000 within 15 days. On 12 August 2021 at 16:25 he terminated the contract, citing Article 14 of the RSTP. BKD transferred EUR 22,351.25 by bank at 18:54 the same day. BKD argued that it had paid within the 15-day deadline, so the termination was without just cause. It sought EUR 246,800 from the player and asked that his new club, FK Zeljeznicar Sarajevo, be held jointly and severally liable. The player and FKZS argued that he had just cause under both Article 14 and Article 14bis.

Key holdings

1. The 15-day deadline in an Article 14bis default notice starts on the day after notification and is counted in whole days, not hours. This follows Swiss law (Article 77 of the Swiss Code of Obligations) and, by analogy, the FIFA Procedural Rules. The notice was sent on 28 July 2021, so the last day of the period was 12 August 2021. ¶¶ 105–106
2. The evidence did not show whether BKD's transfer reached the player on 12 August 2021. The Panel had doubts whether Article 14bis was strictly complied with, but left the question open. ¶¶ 108–109
3. Article 14bis did not remove the right to terminate under Article 14. Article 14bis gives a player an automatic right to terminate, whereas a player relying on Article 14 must prove just cause. Where the amounts due are paid within the 15-day warning period, further supporting elements are needed. ¶¶ 118–120
4. The player had just cause under Article 14. About four months' salary had been unpaid almost from the start of the contract. BKD lost interest in the player at once. The default notice gave 15 days, and BKD reacted only after the contract had been terminated. ¶¶ 121–122
5. All claims against FKZS were dismissed. There was no breach of contract by the player for which FKZS could be jointly liable, and no breach for it to have induced. ¶ 123
6. Article 17 of the RSTP applies "in all cases", whether just cause arises under Article 14 or Article 14bis. The FIFA DRC's figures were upheld: EUR 177,067 in compensation, with 5% interest a year. ¶¶ 126–129
7. FKZS filed its Answer late, but the Panel granted it a new deadline because the CAS Court Office's letter suspending the time limit was ambiguous. The Panel also admitted the player's comments on new evidence, which arrived one day late. ¶¶ 99–101

Procedural history

1. 14 January 2021The player and BKD sign an employment contract running until 31 May 2023.
2. 28 July 2021The player sends a default notice under Article 14bis demanding EUR 22,000.
3. 12 August 2021The player terminates the contract at 16:25. BKD transfers EUR 22,351.25 at 18:54.
4. 13 August 2021The player files a claim with the FIFA Dispute Resolution Chamber.
5. 16 February 2022The FIFA DRC partially accepts the claim and awards EUR 177,067 in compensation plus outstanding pay.
6. 20 May 2022BKD files its Statement of Appeal with the CAS.
7. 7 July 2022The Panel is constituted.
8. 3 November 2022Hearing held by video-conference.
9. 20 September 2023Award: the appeal is dismissed and the FIFA DRC decision is upheld.

Tribunal, counsel and experts

Decided by

• Mark Hovell President, CAS Panel — appointed by the institution
• Efraim Barak Co-arbitrator, CAS Panel — appointed by the claimant
• Manfred Nan Co-arbitrator, CAS Panel — appointed by the respondent (jointly nominated by both respondents)

For the claimant

İsmet Bumin Kapulluoğlu

For the respondent

Loizos Hadjidemetriou · Charalambos Vrakas · Feda Dupovac

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Keywords

• football
• FIFA RSTP
• Article 14bis
• Article 14
• just cause
• termination of employment contract
• outstanding salaries
• default notice
• 15-day deadline
• computation of time limits
• Article 77 Swiss Code of Obligations
• Article 17 compensation
• joint and several liability
• inducement to breach
• mitigation
• FIFA Dispute Resolution Chamber
• Boluspor

Summary generated with AI from the published documents — refer to the award for the authoritative text.