Article 18.4 FIFA RSTP is not one-sided: its ratonale is to protect football players from "abusive" invocations of injury subsequent to the signing of an employment contract. Clubs nevertheless, are not left unprotected either. They can always subject a transfer to medical exams before signing an employment contract with a new player. What they cannot do is to sign an employment contract, and then subject the contract’s validity to a medical examination.
Facts/Procedure
On 2 June 2010, Mr Jiří Mašek (the Player) underwent surgery on the left Achilles tendon.
On 22 June 2010, the Player signed an Employment Contract and Supplementary Agreement, with the club FC Aris Limassol (the Club) (from 22 June 2010 until 30 May 2012).
On 17 August 2010, the Player underwent a medical examination conducted by the Club’s doctor. The Parties’ positions differ significantly in regard to the doctors' findings:
a. On the one hand, the Club claimed that the medical doctor came to the conclusion that the Player had not fully recovered from his surgery and was therefore unable to play. In support...
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