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International Arbitration Forum

Trabzonspor v. Stoke City FC

Case summary

At a glance

Parties
Trabzonspor Sportif Yatırım ve Futbol İşletmeciliği Ticaret A.Ş. (Turkey) v. Stoke City FC (United Kingdom)
Case no.
CAS 2022/A/8796
Forum and rules
Court of Arbitration for Sport, appeals procedure (CAS Code, 2021 edition); appeal against FIFA Players' Status Chamber decision FPSD-4599
Treaty
Contract: temporary transfer agreement of 21 December 2019, as amended on 25 June 2020 (governed by Swiss law and FIFA Regulations)
Tribunal
Prof. Jacopo Tognon (Sole Arbitrator)
Sector
Football transfer
Outcome
Appeal dismissed (27 March 2023). The FIFA PSC decision ordering Trabzonspor to pay GBP 100,000 was confirmed, on the basis of Clause 3 of the Agreement.
Amount
GBP 100,000 contingent transfer fee upheld. The published award omits the operative paragraphs on costs.

The dispute

Stoke City loaned a player to Trabzonspor under a temporary transfer agreement of 21 December 2019, which was amended on 25 June 2020. Clause 3 provided for a contingent fee of GBP 100,000 if Trabzonspor failed to qualify for the UEFA Champions League or Europa League group stages for 2020/2021. Clause 6 provided for GBP 850,000 if it qualified for the Champions League group stage, or GBP 100,000 if it qualified for the Europa League group stage. Trabzonspor finished second in the Turkish Super League, which qualified it for Champions League Qualifying Round 2. It also won the Turkish Cup. UEFA had excluded it from one UEFA club competition for breaching financial targets. Trabzonspor argued that it had qualified for a UEFA competition, but not for any group stage, so that neither clause applied. Stoke City claimed the fee under Clause 6(b) or, in the alternative, Clause 3. The FIFA Players' Status Chamber ordered Trabzonspor to pay GBP 100,000, and Trabzonspor appealed to CAS.

Key holdings

  1. The FIFA regulations have no rules on interpreting contracts, so Swiss law applies. Under Article 18 of the Swiss Code of Obligations, the aim is to find the parties' true common intention. If that cannot be proven, the clauses are read under the principle of good faith, as they could reasonably have been understood. ¶¶ 79–84
  2. Participation in a competition is not a prerequisite for "qualification" under Clauses 3 and 6. Trabzonspor's exclusion by the UEFA CFCB is irrelevant to whether it qualified. The "group stages" in Clause 3 cover both the Champions League and the Europa League. ¶¶ 86–87
  3. Trabzonspor's reading is contrary to good faith and has no economic or sporting justification. Under that reading, no extra fee would be due only if the club finished second, while a worse finish would trigger the fee. Read together, Clauses 3 and 6 provide for an additional guaranteed transfer fee of at least GBP 100,000. ¶¶ 88–94
  4. "Qualification" must be read for its effectiveness: it means the competition the club could actually have played in. Despite the Turkish Cup win, Trabzonspor effectively qualified only for Champions League Qualifying Round 2, not the Europa League group stage, so Clause 6(b) does not apply. ¶¶ 98–100
  5. Trabzonspor qualified for neither group stage, so its obligation arose under Clause 3. It must pay GBP 100,000. The appeal is dismissed and the FIFA PSC decision confirmed. ¶¶ 101–102; operative part

Procedural history

  1. 21 December 2019Temporary transfer agreement concluded. It was amended on 25 June 2020.
  2. 3 June 2020UEFA announces that the CFCB Adjudicatory Chamber has excluded Trabzonspor from one UEFA club competition. CAS dismissed Trabzonspor's appeal against that decision on 30 July 2020.
  3. 20 December 2021Stoke City files a claim before the FIFA Players' Status Chamber.
  4. 3 March 2022FIFA PSC decision FPSD-4599 orders Trabzonspor to pay GBP 100,000. The grounds were notified on 18 March 2022.
  5. 7 April 2022Trabzonspor files its Statement of Appeal with CAS.
  6. 25 July 2022Sole Arbitrator appointed.
  7. 4 October 2022Hearing held by videoconference.
  8. 27 March 2023Award: appeal dismissed and FIFA PSC decision confirmed.

Tribunal, counsel and experts

Decided by
For the claimant
Duygu Yaşar
For the respondent
Gareth Wilkinson · Marc Cavaliero

Run a conflict check on these names →

Keywords

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

Case ID
CAS 2022/A/8796
Claimant
Trabzonspor
Respondent
Stoke City FC
Documents

Procedure: Appeal
Sport: Football
Matter: Transfer
Outcome: Dismissed
Panel: Jacopo Tognon
Source: Court of Arbitration for Sport case database.