If there are two decisions, one rendered in the context of a disciplinary procedure sanctioning a disciplinary infraction, namely the non-compliance with a DRC decision, and one rendered in the context of a contractual dispute, ordering a compensation for breach of contract, the infractions are different and there is no violation of the ne bis in idem principle.
Facts/Procedure
On 16 July 2009, the FIFA Dispute Resolution Chamber (DRC) decided that Kauno (the Club) had to pay to the Player M. and, in case the amount was not paid within 30 days of notification of the decision, interest at a rate of 5% p.a. as from the expiry of that time limit, would be due. The grounds of the decision were notified to the parties on 3 March 2010.
The Club appealed to CAS which terminated the procedure by way of a Termination order dated 5 July 2010 (case CAS 2010/A/2087).
On 8 March 2011 the FIFA Disciplinary Committee asked the Club to pay the outstanding amounts by 21 March 2011 at the latest and informed it that the case would be...
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