Deadlines: CAS 2025/A/11192 FC des Girondins de Bordeaux v. Real Sporting de Gijón SAD

CAS 2025/A/11192 FC Girondins de Bordeaux v. Real Sporting de Gijón SAD

Date of the decision: 2025-11-28

Arbitrator(s): Rui Botica Santos

To determine whether deadlines are met, an examination must be conducted to establish the point at which a party could be considered to have received valid notification. It is important to highlight that two key requirements must be satisfied for the concept of "receipt" to be applicable: first, the declaration must have entered the "sphere of influence" of the addressee; and second, it should be reasonable to expect that the addressee would take notice of it under the circumstances presented.

Facts and Procedure

On 1 August 2023, FC Girondins de Bordeaux (Girondins de Bordeaux or Appellant), Real Sporting de Gijón SAD (RS Gijón or Respondent) and Mr. Pedro Díaz Fanjul (Player) entered into a transfer agreement to transfer the Player to Girondins de Bordeaux.

On 4 August 2023, RS Gijón sent an invoice to Girondins de Bordeaux for the overall transfer fee for the transaction. The first instalment of the fixed fee had already been paid.

According to the transfer agreement, the second instalment of the transfer fee was due on 15 July 2024. On 17 July 2024, RS Gijón requested payment of the second instalment from Girondins de Bordeaux, but the club did not...

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