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International Arbitration Forum

Marcos Lavin Rodriguez v. FC Voluntari

Case summary

At a glance

Parties
Marcos Lavín Rodríguez (Spanish professional footballer) v. FC Voluntari (Romanian club)
Case no.
CAS 2022/A/8574
Forum and rules
Court of Arbitration for Sport, appeals procedure (CAS Code); FIFA regulations, with Swiss law applying subsidiarily
Treaty
Employment contract of 3 September 2020; FIFA Regulations on the Status and Transfer of Players (August 2021 edition)
Tribunal
Lars Hilliger (Sole Arbitrator)
Sector
Professional football; employment
Outcome
Appeal dismissed (15 March 2023). The decision of the FIFA Dispute Resolution Chamber (DRC) of 9 December 2021 was confirmed.
Amount
Claimed by the player: EUR 20,365.43 in outstanding pay and EUR 76,532.26 in compensation. Confirmed: the club pays the player EUR 15,216.55 net in outstanding pay; the player pays the club EUR 15,000 net in compensation, plus 5% interest.

The dispute

On 3 September 2020 the Spanish player Marcos Lavín Rodríguez signed an employment contract with the Romanian club FC Voluntari, running until 30 June 2022. On 30 July 2021, after the club had sent him to train with its second team, the player put the club in default for EUR 15,262.43. The club paid EUR 6,638 on 6 August 2021. The player then terminated the contract on 21 August 2021, relying on Articles 14 and 14bis of the FIFA RSTP. The FIFA DRC held that he had no just cause. It awarded him his outstanding pay but ordered him to pay the club EUR 15,000 in compensation. On appeal, the player argued that more than two monthly salaries were unpaid and that the club's late payments and his demotion gave him just cause. He also argued that the club owed nothing or less in compensation. The club defended the DRC decision.

Key holdings

  1. No just cause under Article 14bis of the FIFA RSTP. The club proved payments of EUR 65,934.04 against EUR 73,762.43 due. That left EUR 7,828.39 unpaid on the date of the default letter, less than two monthly salaries (EUR 13,000). The player failed to prove that some of the payments were bonuses outside the contract. ¶¶ 85–101
  2. No just cause under Article 14 either. The late payments were not material in the circumstances: the club was trying to pay, and the player had not complained before the default letter. The pressure to accept a pay cut was not proven. The temporary move to the second team was a disciplinary measure and had been remedied before the termination. ¶¶ 102–115
  3. The player was in fact owed only EUR 12,706.52 in outstanding pay. Because the club did not appeal, the higher amount set by the FIFA DRC was confirmed. ¶¶ 117–122
  4. The club is entitled to compensation under Article 17(1) of the FIFA RSTP on the principle of positive interest. The player's argument that the club had 'saved' his remaining salary was rejected, because the club also suffered from losing the player. The DRC's reduction of the compensation to EUR 15,000 was confirmed, and there was no basis to reduce it further. ¶¶ 123–135
  5. The club's request to correct the DRC's calculation error and the flight-ticket amount was not examined. The club had not appealed, and Article R55 of the CAS Code does not allow counterclaims. ¶ 136

Procedural history

  1. 3 September 2020The parties signed the employment contract, running until 30 June 2022.
  2. 30 July 2021The player's union (AFE) put the club in default for EUR 15,262.43.
  3. 21 August 2021The player terminated the contract.
  4. 3 September 2021The player filed a claim with FIFA; the club filed a counterclaim.
  5. 9 December 2021The FIFA DRC partly upheld both the claim and the counterclaim; the grounds were notified on 15 December 2021.
  6. 4 January 2022The player filed his Statement of Appeal with CAS.
  7. 28 March 2022The Sole Arbitrator was appointed.
  8. 17 June 2022Hearing in Lausanne.
  9. 15 March 2023Award: appeal dismissed and the DRC decision confirmed.

Tribunal, counsel and experts

Decided by
For the claimant
Ugnacio Triguero Gea
For the respondent
Josep Vandellos Alamilla · Saksham Samarth · Valentina Petre

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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/8574
Claimant
Marcos Lavin Rodriguez
Respondent
FC Voluntari
Documents

Procedure: Appeal
Sport: Football
Matter: Contractual litigations (except transfer)
Outcome: Dismissed
Panel: Lars Hilliger
Source: Court of Arbitration for Sport case database.