Breach of Loan Contract: CAS 2022/A/8972 Tout Puissant Mazembe v. Isaac Amoah and FIFA

CAS 2022/A/8972 Tout Puissant Mazembe v. Isaac Amoah and FIFA

Date of the decision: 2023-11-28

Arbitrator(s): Patrick Stewart Efraim Barak Lars Hilliger

Clubs are responsible for obtaining a valid visa or work permit for players in a timely manner. If the required permits are not available on time, players may be entitled to terminate their contract for just cause. However, footballers should cooperate to complete the necessary processes for obtaining these documents. It is important to note that terminating a contract should be considered a last resort, and a warning should be sent to the club before ending the contractual relationship.

Facts and Procedure

On 5 May 2022, the FIFA Dispute Resolution Chamber (FIFA DRC) determined that the club Tout Puissant Mazembe (Club) breached the Employment Contract with the Player by failing to resume its duties as the employer following the expiry of a Loan Contract on 30 June 2021. These duties are mostly related to the obtention of a work permit in the Club’s country.

The grounds of the decision were notified to the parties on 31 May 2022. The FIFA DRC ordered the Club to pay the Player compensation for breach of contract. Sporting sanctions under Article 17.4 of the FIFA Regulations on the Transfer and Registration of Players (FIFA RSTP) were equally imposed on the Club as the breach of contract was deemed to have occurred during the...

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