Res Judicata: CAS 2019/A/6436 Nathan Joel Burns v. FIFA and AEK Athens FC

CAS 2019/A/6436 Nathan Joel Burns v. FIFA & AEK Athens FC

Date of the decision: 2020-07-13

Arbitrator(s): Lars Hilliger

CAS states that, while assessing whether a decision contained in a letter must be assumed to have been passed, it is also necessary, to some extent, to take into account the legitimate expectations any other recipient of the letter may have. Therefore, it would not be relevant to the same extent if the letter in question had legal effects on one recipient only.

Facts and Procedure

On 7 June 2013, the FIFA DRC decided in a dispute between a Player and a Greek professional football club named FSA AEK FC, accepting the Player’s claim concerning outstanding monies.

On 5 December 2013 and following a request from the Player to do so, the FIFA Players’ Status department urged the debtor club to comply with the FIFA DRC decision, as the matter would otherwise be transferred for the consideration of the FIFA DC.

One day later, by letter of 6 December...

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