Hapoel Tel Aviv v. Vasilije Bakic

At a glance

Parties

Hapoel Tel Aviv FC (Israel) v. Vasilije Bakic (Serbian professional football player)

Case no.

CAS 2023/A/9827

Forum and rules

Court of Arbitration for Sport, appeals procedure under the Code of Sports-related Arbitration (2023 edition). Appeal against FIFA Dispute Resolution Chamber Decision FPSD-9718 of 22 June 2023. FIFA regulations apply, with Swiss law filling gaps.

Tribunal

Carmen Núñez-Lagos (Sole Arbitrator)

Sector

Football; player employment

Outcome

Appeal partially upheld (26 November 2024). The club is liable for breaching its signed offer to employ the player, but the compensation is reduced to take account of the player's later contract with FK Radnički Niš.

Amount

Player's claim before FIFA: EUR 221,631 plus 5% interest. FIFA DRC award: EUR 211,796.70 plus 5% interest from 1 February 2023. CAS award: EUR 165,953.59 plus 5% interest p.a. from 1 February 2023.

The dispute

On 23 January 2023 Hapoel Tel Aviv sent the Serbian player Vasilije Bakic an "Official Offer" to engage him until 10 January 2025, and the player signed and accepted it. The offer was conditional on a transfer agreement with his club, passing medical examinations in Israel, and the signing of an employment agreement. The transfer agreement with FK Kolubara Lazarevac was signed and the player underwent medical tests. The club then sent a draft IFA Player Agreement Form with new terms, including a right to terminate if the club's ownership changed, and later declared that no employment agreement had been concluded. The FIFA DRC found that the offer was a binding employment contract terminated without just cause. On appeal the club argued that the offer was at most a precontract, that its conditions had not been met, that the player had refused further medical tests, and in the alternative that the compensation should be reduced.

Key holdings

1. The signed offer is neither an employment contract nor a precontract. It is a unilateral promise of an employment contract, subject to a time limit and to conditions precedent. Because the player accepted it within the validity period, the club could not withdraw it. Article 18(4) of the FIFA RSTP, which bars making a contract's validity subject to a medical examination, does not apply to an offer. ¶¶ 98–100
2. The transfer condition was met by the 24 January 2023 Transfer Agreement with Kolubara; the reference to "Tobol Kostanay FC" was a clerical error. The medical condition was also met. The club's conduct showed that it had accepted the player's medical condition, and it raised the medical issue only after it had decided not to proceed. ¶¶ 83–91
3. The employment agreement was not signed because of the club. Its draft clause 1.6, allowing termination on 31 May 2023 if ownership changed, departed from the offer. The club breached its promise when it refused to contract on the offered terms and declared it would not conclude an agreement. This breach amounts to a wrongful dismissal that entitles the player to compensation. ¶¶ 102–108
4. Although this is a wrongful termination of a promise rather than a contract breach, damages may be calculated under the Article 17 FIFA RSTP method, which both parties relied on. The value of the player's Radnički contract, signed six days before the DRC decision, may be deducted as a new fact. ¶¶ 109, 114–115
5. There is no reduction under Article 44 of the Swiss Code of Obligations, because the failure to sign was due only to the club's fault. The player's request for six months' additional compensation is rejected, because he did not prove that the club was a repeat offender. ¶¶ 118–121
6. The residual value of the offer is EUR 252,666.67, counting 12 months' salary for the 2023/24 season because football salaries cover preseason and vacation. From this are deducted the Kolubara contract (EUR 9,159.70, including rent) and the Radnički contract (EUR 77,553.38). Compensation is EUR 165,953.59. ¶¶ 127–133
7. Interest at 5% p.a. runs from 1 February 2023, the date of the breach, because the compensation was due from then. The offer's salary payment dates are irrelevant. ¶¶ 134–137

Procedural history

1. 23 January 2023The club sends the Official Offer; the player signs and accepts it before it expires on 25 January 2023.
2. 24 January 2023The club and FK Kolubara Lazarevac sign the Transfer Agreement for EUR 100,000.
3. 31 January 2023The club tells the player it has decided not to conclude an agreement. The award also refers to this as the letter of 1 February 2023.
4. 23 March 2023The player files a claim before the FIFA Dispute Resolution Chamber.
5. 22 June 2023FIFA DRC Decision FPSD-9718 orders the club to pay EUR 211,796.70 plus 5% interest; the grounds are notified on 7 July 2023.
6. 19 July 2023The club files its Statement of Appeal with CAS (the award gives 19 June 2023 at ¶ 31 but 19 July 2023 at ¶ 70).
7. 9 October 2023Sole Arbitrator Carmen Núñez-Lagos appointed.
8. 12 April 2024The Sole Arbitrator confirms she will decide on the written submissions without a hearing.
9. 26 November 2024Award: appeal partially upheld; compensation reduced to EUR 165,953.59 plus 5% interest from 1 February 2023.

Tribunal, counsel and experts

Decided by

• Carmen Núñez-Lagos Sole arbitrator, Court of Arbitration for Sport — appointed by the institution

Run a conflict check on these names →

Keywords

• football
• unilateral promise of contract
• employment offer
• precontract
• wrongful dismissal
• conditions precedent
• medical examination
• Article 18(4) FIFA RSTP
• Article 17 FIFA RSTP
• mitigation of damages
• Article 44 Swiss Code of Obligations
• FIFA Dispute Resolution Chamber
• Israel Football Association
• FK Radnički Niš
• Kolubara
• de novo review
• interest
• additional compensation

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