CAS 2016/A/4588 & 4589 FC Internazionale Milano v. Sunderland AFC

CAS 2016/A/4588 & 4589 FC Internazionale Milano v. Sunderland AFC

In case the performance of an obligation becomes impossible due to the obligee’s fault, the debtor is deemed to have performed its obligation despite the impossibility and remains entitled to the financial consideration for the obligation.


In summer 2014, Inter and Sunderland engaged in negotiations for the potential transfer of the Argentine player Ricardo Alvarez (the Player). The loan transfer was signed by both clubs and the Player on 30 August 2014. The transfer contract provided that the Player should be automatically and permanently transferred from Inter to Sunderland starting from 1 July 2015. Sunderland should pay to Inter four instalments. Before signing his employment contract with Sunderland, the Player underwent a medical examination in which some doubts were...

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