CAS 2013/A/3278 Maritimo de Madeira – Futebol SAD v. Desportivo Brasil Participacoes LTDA

Date of the decision: 2014-06-02

Arbitrator(s): Dirk-Reiner Martens Quentin Byrne-Sutton Denis Oswald

In case an appellant is invoking a contractual right not to be subject to the obligation to pay contractual compensation to the respondent based on a contractual right not to be sued in front of FIFA, a decision concerning the competence of FIFA under its Transfer Regulations can be taken without FIFA being named as co-respondent because the appellant’s claims involve its contractual rights and it has standing to sue with respect to those prayers for relief.

A Swiss sports association may not validly in its Statutes or regulations entirely exclude access to an independent jurisdiction.

Facts/Procedure

On 2 December 2009, Desportivo and the Player R. entered into a “first option agreement” which included the right for Desportivo to enter into an employment contract with the Player for the period between 15 January 2010 and 30 June 2013. Desportivo was given until 14 Januarystanding to be sued 2010 to exercise said option.

On 31 December 2009, the Player’s employment contract with the Brazilian club Atlético Mineiro and a concurrent loan agreement with the Brazilian club Atlético Paranaense expired.

On 8 January 2010, Desportivo, the Player and Maritimo signed an agreement by which Desportivo renounced its option to sign an employment contract with the Player and the Player’s “federative rights” were assigned to Maritimo. In return, Maritimo...

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