The excessive character of a penalty clause agreed to by the Parties to a contract must be evaluated by considering all the criteria available, including the nature and duration of the contract, the degree of fault and of the contractual violation, the economic situation of the Parties as well as the extent of negotiations the Parties carried out before signing the contract.
Facts/Procedure
On 2 July 2010, Mr Mulder (the Respondent or the Player) entered into an employment contract with PFC Levski (the Appellant or the Club), originally valid from 5 July 2010 o 30 July 2012 and later extended until 30 June 2015 by means of a document referred to as the Annex.
The employment contract provided for a monthly remuneration of BGN 17,600 (approx. EUR 9,000), while the Annex provided for additional monthly remuneration of EUR 10,250 between January and June 2013, EUR 12,500 for the...
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