CAS 2016/A/4471 Abel Aguilar Tapias v. Hércules de Alicante Club de Fútbol

CAS 2016/A/4471 Abel Aguilar Tapias v. Hércules de Alicante Club de Fútbol

The submission before the Court of Arbitration for Sport of an appeal against a decision triggers the application of Article 58 of the Code of Sports-related Arbitration to the proceedings. The mandatory hierarchy of the applicable legal framework it sets forth results in giving precedence to the regulations applicable to the dispute over other applicable laws.

If, in turn, such applicable regulations refer to a national law, said national law shall be referred to in order to ensure a uniform application of the applicable regulations.

Facts/Procedure

In summer 2010, Udinese contractually accepted to transfer Abel Aguilar Tapias (the Player) to Hércules de Alicante Club de Fútbol (the Club) for the sum of EUR 1,500,000.

On 23 July 2010, the Player entered into an employment contract with the Club. This contract was a fix-term agreement, valid for four seasons, effective until 30 June 2014.

At the end of the 2011-2012 season, the Spanish club Coruña was interested in obtaining the Player’s services. It was undisputed that Coruña was not in a position to register any new player on a loan basis for the 2012-2013 season. For this reason, The Club agreed to enter into a permanent transfer agreement with Coruña but with an option for the Club to get the Player back for the following season.

On 24 July 2012, the Club and Coruña signed the agreement for the transfer of...

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