Shakhtyor FC v. Dario Kolobaric

At a glance

Parties

FC Shakhtyor (Soligorsk, Belarus) v. Dario Kolobaric (Slovenian footballer)

Case no.

CAS 2022/A/9265

Forum and rules

Court of Arbitration for Sport, appeals procedure under the CAS Code of Sports-related Arbitration (2022 edition)

Treaty

None. Contract and FIFA Regulations on the Status and Transfer of Players (March 2022 edition); Swiss law applied in addition

Tribunal

Yasna Stavreva (Sole Arbitrator)

Sector

Professional football; employment contract

Outcome

Appeal partially upheld (30 May 2023), only to correct a clerical mistake in one item of the FIFA DRC decision. The rest of the decision was confirmed.

Amount

FIFA DRC awarded outstanding remuneration (EUR 148,625.137 in total as printed, plus USD 1,000 bonus and a housing allowance) and EUR 485,900 compensation, with 5% interest p.a. CAS corrected one item from EUR 42,021.56 to EUR 3,271.24 and confirmed the compensation of EUR 485,900.

The dispute

On 26 July 2021, Belarusian club FC Shakhtyor hired Slovenian player Dario Kolobaric at a net monthly salary of BYN 8,000. A Supplementary Agreement extended the contract to 31 December 2024 and added scheduled net payments in EUR, a goal/assist bonus and a housing allowance. The club fell behind on payments. On 15 April 2022 the player sent a default notice giving 15 days to pay. The club acknowledged EUR 160,654.02 in arrears, proposed a repayment schedule and paid part of the debt. On 2 May 2022 the player terminated the contract. The FIFA Dispute Resolution Chamber granted his claim in full on 6 September 2022. On appeal, the club argued that the player had breached the duty to negotiate in clause 11.1 of the contract, that the outstanding amounts and the housing allowance were miscalculated, and that the deduction for his earnings at his new club, FC Koper, was wrong.

Key holdings

1. The player had just cause to terminate under Article 14bis RSTP. More than two monthly salaries were outstanding, and he had put the club in default in writing with a 15-day deadline to pay. ¶¶ 57–58, 66
2. The player had no duty to negotiate first. Clause 11.1 of the contract is a jurisdiction clause, not a precondition to termination. The reference in Article 14bis(1) to 'alternative provisions' covers only contracts that existed before the rule came into force in 2018, and this contract was signed in 2021. ¶¶ 61–65
3. The club's figure of EUR 144,991.02 for outstanding salaries was rejected because the club did not show how it was calculated. The housing allowance is due under clause 8.1.12 of the Supplementary Agreement, and the payment evidence on file was not refuted. ¶ 71
4. The award of EUR 42,021.56 in item 7 of the DRC decision was an obvious clerical mistake, which the player admitted. It is corrected to EUR 3,271.24, the amount claimed, with 5% interest from 30 April 2022. The total outstanding remuneration is not affected. ¶¶ 72–73; operative part ¶ 2
5. Compensation under Article 17(1) RSTP is confirmed at EUR 485,900. This is the residual contract value of EUR 540,000, less EUR 61,000 earned at FC Koper, plus additional compensation of EUR 6,900 (three monthly salaries) because the termination was due to overdue payables. The club offered no evidence that the mitigation figure was wrong. ¶¶ 79–85
6. Interest of 5% p.a. applies to the outstanding remuneration (except the housing allowance) and to the compensation. The arbitrator applied the principle of ne ultra petita, as the club did not challenge interest. ¶ 86

Procedural history

1. 26 July 2021Employment contract signed. It was extended to 31 December 2024 by a Supplementary Agreement of 27 July 2021.
2. 15 April 2022The player sends a default notice with a 15-day deadline. On 19 April the club acknowledges EUR 160,654.02 in arrears and proposes a repayment schedule.
3. 2 May 2022The player terminates the contract after receiving partial payments on 29 April 2022.
4. 3 June 2022The player files a claim before the FIFA DRC. The club does not respond.
5. 6 September 2022The FIFA DRC accepts the claim. Its grounds are notified on 31 October 2022.
6. 16 November 2022The club files its Statement of Appeal with CAS. The Appeal Brief follows on 12 December 2022.
7. 26 January 2023The player files his Answer. The parties are told that the Panel has been constituted with Yasna Stavreva as Sole Arbitrator. The case is decided on the written submissions.
8. 30 May 2023Award: the appeal is partially upheld, only to correct the clerical mistake.

Tribunal, counsel and experts

Decided by

• Yasna Stavreva Sole arbitrator, Court of Arbitration for Sport — appointed by the institution

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Keywords

• football
• employment contract
• just cause
• Article 14bis RSTP
• outstanding salaries
• Article 17 RSTP
• mitigated compensation
• additional compensation
• default notice
• clerical mistake
• ne ultra petita
• FIFA Dispute Resolution Chamber
• duty to negotiate
• jurisdiction clause
• housing allowance
• FC Koper
• Belarus

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