Skip to main content
International Arbitration Forum

Elias Fernando Aguilar Vargas v. Changchun Yatai Footbal Club

Case summary

At a glance

Parties
Elias Fernando Aguilar Vargas (Costa Rican professional football player) v. Changchun Yatai FC (China)
Case no.
CAS 2024/A/10341
Forum and rules
Court of Arbitration for Sport, appeals procedure under the Code of Sports-related Arbitration; appeal against a decision of the FIFA Dispute Resolution Chamber of 31 August 2023
Panel
Rui Botica Santos (President), Vitor Butruce, José Juan Pintó Sala
Sector
Professional football; player employment
Outcome
Appeal dismissed and the FIFA DRC decision rejecting the Player's claim confirmed (award of 8 May 2025).
Amount
Claimed: EUR 2,200,000 plus default interest; the Player said that any deduction for his new contract should be CRC 6,000,000. Awarded: nothing. The Player had legal aid, so the award was rendered free of costs.

The dispute

Between September 2022 and February 2023, the Player's agent, Rodrigo Melo, negotiated over WeChat with Li Feng, an agent described as the Club's "preferred agent", for the Player's move to Changchun Yatai. Li Feng sent an Introduction Letter, an Offer on Club letterhead signed as "President" (two years from 2023, EUR 1,100,000 net per year plus bonuses) and, on 16 February 2023, a Termination Letter dated 15 January 2023 declaring the Offer invalid. The Club had renewed the contract of another player, Serginho, instead. The Player claimed that the Offer was a binding employment contract that the Club had terminated without just cause under Article 17 of the FIFA RSTP. The Club replied that the agents had acted without its knowledge or authority, that the Offer was not a contract but at most a pre-contract, and that any compensation should be reduced for the Player's contributory fault and his new contract with Sport Herediano.

Key holdings

  1. The appeal covers only a claim for compensation for termination without just cause of an alleged employment contract. The Player made no claim for breach of pre-contractual duties (culpa in contrahendo), so the Panel did not examine one. ¶¶ 120–121
  2. Alleged procedural defects before the FIFA DRC are moot because the Panel reviews the case de novo under Article R57 of the CAS Code. ¶ 123
  3. The Player bears the burden of proof under Article 8 of the Swiss Civil Code. The standard is comfortable satisfaction: more than a balance of probability but less than proof beyond reasonable doubt. ¶¶ 124–126
  4. The evidence does not show that the Chinese Agent was authorised to negotiate the transfer for the Club, or that the Club knew of the negotiations. The Player's agent drafted the Offer; the Chinese Agents signed it; and the 18 October 2022 message "Now secret in club" showed that the Club had not been involved. Being a "preferred agent" with past dealings does not give power to bind the Club. ¶¶ 130, 137–138, 145
  5. Under Article 38 of the Swiss Code of Obligations, a contract made without authority binds the principal only if the principal ratifies it. The Club did not ratify the Offer and denied it once it learned of the FIFA claim. Whether the Offer was a binding employment contract is therefore moot. ¶¶ 146–147
  6. The Panel condemned both agents. The Chinese Agents created a false impression of the Club's involvement by using unofficial Club letterhead. The Player's agent was negligent and put his commission before his client's interests, so the Player lost an opportunity to stay in South Korea. ¶¶ 149–150

Procedural history

  1. 13 October 2022The Chinese Agent sends the Offer on Club letterhead, signed as "President".
  2. 16 February 2023The Chinese Agent sends the Termination Letter, dated 15 January 2023, declaring the Offer invalid.
  3. 14 March 2023The Player files a claim against the Club before the FIFA DRC.
  4. 31 August 2023The FIFA DRC rejects the claim; its grounds are notified on 11 October 2023.
  5. 31 October 2023The Player files a Statement of Appeal with CAS, naming the Club and FIFA as respondents.
  6. 14 February 2024The ICAS Athletes' Commission grants the Player legal aid.
  7. 26 February 2024FIFA is excluded from the proceedings with the Player's agreement.
  8. 29 October 2024The Panel is constituted.
  9. 16 January 2025Hearing held by videoconference.
  10. 8 May 2025Award: appeal dismissed and FIFA DRC decision confirmed.

Tribunal, counsel and experts

Decided by
For the claimant
Fhayllow Nocko · Rafael Meirelles
For the respondent
Emily Yu

Run a conflict check on these names →

Keywords

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

Case ID
CAS 2024/A/10341
Claimant
Elias Fernando Aguilar Vargas
Respondent
Changchun Yatai Footbal Club
Documents

Procedure: Appeal
Sport: Football
Matter: Contractual litigations (except transfer)
Outcome: Dismissed
Panel: José J. Pintó, Rui Botica Santos, Vitor Butruce
Source: Court of Arbitration for Sport case database.