KF Tirana v. Tim Vayrynen, Kuopion Palloseura

At a glance

Parties

KF Tirana (Albania) v. Tim Vayrynen (Finland) and Kuopion Palloseura (Finland)

Case no.

CAS 2022/A/8747

Forum and rules

Court of Arbitration for Sport, appeal procedure under the CAS Code (2021 edition)

Treaty

None. Appeal under Articles 56(1) and 57(1) of the FIFA Statutes against a FIFA DRC decision

Tribunal

Fabio Iudica (Sole Arbitrator)

Sector

Football; player employment contract

Outcome

Appeal dismissed and FIFA DRC decision of 27 January 2022 confirmed in full (award of 13 November 2023).

Amount

Club claimed EUR 150,000 (or EUR 130,000) as compensation. The confirmed DRC decision awards the player EUR 40,000 in outstanding pay and EUR 83,000 in compensation, each with 5% interest p.a. from 16 July 2021. The published award omits the costs rulings.

The dispute

Finnish player Tim Vayrynen signed an employment contract with the Albanian club KF Tirana. It ran from 1 January 2021 to 30 June 2022 at EUR 10,000 net per month. The club failed to pay four monthly salaries (EUR 40,000). After he refused a mutual termination in May 2021, the club moved him to its U21 team and fined him EUR 5,000 through two disciplinary decisions. On 3 June 2021 the player terminated the contract for just cause and later joined Kuopion Palloseura. The FIFA DRC found just cause under Article 14 RSTP and awarded him outstanding pay and compensation. On appeal the club argued that the player had sent no 15-day default notice under Article 14bis RSTP or Article 12 of the contract, and that the move to the U21 team and the fines were lawful. It claimed compensation from the player and the new club jointly, and in the alternative a lower award because of contributory fault, full deduction of the new contract's value and the fines, and removal of the additional compensation.

Key holdings

1. The Respondents' Answers were sent by e-mail only and were not filed by courier or on the CAS e-filing platform. They were inadmissible under Article R31 of the CAS Code, because no exceptional circumstance or objective impossibility had been shown. The Respondents could still respond orally at the hearing and in limited Written Presentations. ¶¶ 157–173
2. The purpose of the Article 14bis default notice was met. The agent's e-mails of 8 April and 28 May 2021 had warned the club, which had almost two months to pay and did not. A club's financial difficulties do not justify non-payment of salary, and in any case the club gave no evidence of them. ¶¶ 184–188
3. The player had just cause under Article 14 RSTP, including abusive conduct under Article 14(2). The unpaid EUR 40,000 was almost 70% of his pay for the season. The club broke its promise to pay, moved him to the U21 team without valid reason (he was signed for the first team) and fined him without due process. Together these destroyed the relationship of trust. ¶¶ 189–198
4. The fines were unlawful and are not deducted. The player's departure on 27 May 2021 was justified because the first team's season had ended. His contributory fault and the new club's joint and several liability were both rejected. ¶¶ 192–194, 199–200
5. Additional compensation under Article 17(1)(ii) RSTP is a direct and automatic entitlement, so the player did not need to request it. It also applies where termination rests on Article 14 rather than Article 14bis, and where overdue payables are not the only cause. ¶¶ 201–202
6. For mitigation, the new club's housing allowance is not deducted, because the DRC had not counted the old contract's accommodation allowance either. The match bonuses are not deducted because the club did not prove them. Interest runs from 16 July 2021 without suspension. The DRC decision is confirmed in full. ¶¶ 203–207

Procedural history

1. 21 January 2021The player signs an employment contract with KF Tirana, valid from 1 January 2021 to 30 June 2022.
2. 3 June 2021The player terminates the contract, citing just cause.
3. 16 July 2021The player files a claim with the FIFA DRC.
4. 27 January 2022The FIFA DRC partly accepts the player's claim and rejects the club's counterclaim. Its grounds are notified on 2 March 2022.
5. 22 March 2022KF Tirana files its Statement of Appeal with CAS. It withdraws the appeal against FIFA on 6 April 2022.
6. 17 June 2022Fabio Iudica is appointed Sole Arbitrator.
7. 12 September 2022The Respondents' Answers, sent by e-mail only, are declared inadmissible.
8. 29 November 2022Hearing held by videoconference.
9. 13 November 2023Award: the appeal is dismissed and the DRC decision is confirmed.

Tribunal, counsel and experts

Decided by

• Fabio Iudica Sole arbitrator, Court of Arbitration for Sport — appointed by the institution

For the claimant

Alkiviadis Papantoniou

For the respondent

Mark Manley · Paul Luukas · Steven Flynn · Matti Reinikainen

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Keywords

• football
• FIFA RSTP
• Article 14bis RSTP
• Article 14 RSTP
• just cause
• overdue payables
• default notice
• abusive conduct
• demotion to second team
• disciplinary fines
• additional compensation
• Article 17 RSTP
• mitigation
• contributory fault
• admissibility of Answer
• Article R31 CAS Code
• FIFA Dispute Resolution Chamber

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