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International Arbitration Forum

Galatasaray SK v. Jordi Gris Vila

Case summary

At a glance

Parties
Galatasaray Sportif A.S. (Turkey) v. Jordi Gris Vila (Spain, assistant coach)
Case no.
CAS 2022/A/9300
Forum and rules
Court of Arbitration for Sport, appeal procedure under the Code of Sports-related Arbitration; FIFA RSTP (March 2022 edition), Swiss law applying subsidiarily
Instrument
Employment contract of 14 January 2022 (Article 6: FIFA first instance, CAS on appeal); Annexe 2 FIFA RSTP
Panel
Leanne O'Leary (Sole Arbitrator)
Sector
Football; coach employment contract
Outcome
Appeal partially upheld (30 May 2023). The Club terminated without just cause and owes the full residual value of the contract, but in instalments rather than as a lump sum.
Amount
EUR 1,500 outstanding housing allowance plus 5% p.a. from 22 June 2022; EUR 133,334 compensation, payable in ten instalments of EUR 13,333.40 (31 August 2022 to 31 May 2023), with 5% p.a. on each from the day after it fell due. The Club had asked for CHF 7,500 towards its legal costs. The cost orders in the operative part are redacted.

The dispute

On 14 January 2022 Galatasaray hired Jordi Gris Vila, a Spanish coach, as first-team assistant coach until 31 May 2023, as part of head coach Domenec Torrent Font's staff. Article 4 of the contract set compensation for termination without just cause at the residual value of the contract, payable on the salary schedule. After a new board was elected on 11 June 2022, the Club negotiated a mutual termination. When those talks failed, it dismissed the whole coaching staff for just cause on 21 June 2022. It relied on unauthorised absence after the season ended, failure to submit reports, the team's poor results, and the breakdown of trust caused by the coach's payment notice. The FIFA Players Status Chamber awarded the coach EUR 1,500 and EUR 133,334 as a lump sum. On appeal the Club argued that it had just cause, that the PSC had decided ultra petita, and that Article 4 was invalid or excessive because of unequal bargaining power.

Key holdings

  1. The ne ultra petita objection fails as a ground for setting aside. CAS hears the case de novo, so any procedural flaw before the PSC is cured. ¶¶ 46–47
  2. No just cause. An on-site inspection report for one morning (21 June 2022) did not prove an unauthorised absence of over three weeks. The Club never asked the coach to return, never asked for reports, and opened no disciplinary proceedings. ¶¶ 61–67
  3. Unsubstantiated poor results do not justify dismissal without notice. Poor results can be a ground for termination only if the contract expressly says so and clearly defines them. This contract had no such clause, and the team was already 12th when the coach joined. ¶¶ 68–71
  4. The dismissal of the head coach did not make the assistant coach's employment "unbearable". No contract term allowed termination on that ground, so the Club breached the contract by terminating early without just cause. ¶¶ 74–75
  5. Article 4 is a valid liquidated damages clause and takes priority over Article 6 of Annexe 2 RSTP. No imbalance of bargaining power in the coach's favour was shown, since both parties had lawyers. A clause need not be reciprocal to be valid, and the Club did not show an excessive commitment giving the coach undue control. No reduction for misconduct was made, because none was found. ¶¶ 78–92
  6. The June 2022 housing allowance is due, because the contract ran until 21 June 2022; the inadimplenti non est adimplendum defence fails. Compensation is payable in instalments as Article 4 agreed, not as a lump sum. Payment without mitigation offsets any disadvantage of instalments to the coach. Interest runs from the day after each instalment fell due. ¶¶ 93–97

Procedural history

  1. 14 January 2022Employment contract signed between the Club and the assistant coach.
  2. 21 June 2022The Club terminates the contract for just cause, together with the contracts of the head coach and three other coaches.
  3. 25 July 2022The coach files a claim before the FIFA Players Status Chamber.
  4. 29 September 2022The PSC awards EUR 1,500 and EUR 133,334 with interest. The grounds are notified on 17 November 2022.
  5. 30 November 2022The Club files its Statement of Appeal with CAS. Four related appeals by Galatasaray against other coaches go to the same sole arbitrator.
  6. 31 January 2023Sole Arbitrator appointed. The case is decided on the written submissions, without a hearing.
  7. 30 May 2023Award: appeal partially upheld on the mode of payment and the start date of interest only.

Tribunal, counsel and experts

Decided by
  • Leanne O'Leary Sole arbitrator, Court of Arbitration for Sport — appointed by the institution

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Keywords

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

Case ID
CAS 2022/A/9300
Claimant
Galatasaray SK
Respondent
Jordi Gris Vila
Documents

Procedure: Appeal
Sport: Football
Matter: Contractual litigations (except transfer)
Outcome: Partially Upheld
Panel: Leanne O’Leary
Source: Court of Arbitration for Sport case database.