CAS 2015/A/3953 & 3954 Stade Brestois 29 & John Jairo Culma v. Hapoel Kiryat Shmona F  & FIFA

CAS 2015/A/3953 & 3954 Stade Brestois 29 & John Jairo Culma v. Hapoel Kiryat Shmona F  & FIFA

A player who breaches a document that includes all the essentialia negotii, which is therefore valid and binding, to join another club, is found to terminate a contract without just cause and must pay compensation to his first club, which is calculated as his salary in his second club.

 A club signing a player who has terminated a contract without just cause is presumed to have induced the player into doing so, and must prove that it was unaware of the player’s situation before having signed him to avoid being sanctioned.

Facts/Procedure

On 20 April 2011, Mr John Jairo Culma (the Player) and Hapoel signed a Memorandum of Agreement (the Hapoel Agreement), which was also signed by the Player’s agent, Mr Jacky Dahan (the Agent). The agreement provided for the Player to join Hapoel for two seasons from 2011 to 2013.

On 15 June 2011, the Player signed an employment contract with Stade Brestois (the Brest Agreement) valid from 1 July 2011 to 30 June 2013.

On 21 June 2011, Hapoel informed Stade Brestois about its agreement with the Player by fax. On 22 June 2011, Stade Brestois asked Hapoel for a copy of the agreement....

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