Standing to be sued: CAS 2020/A/6694 Bursaspor KD v. Henri Gregoire Saivet

Standing to be sued: CAS 2020/A/6694 Bursaspor KD v. Henri Gregoire Saivet
The rules and regulations of FIFA are silent on the appropriate defendant of a decision taken by a sports association. This lacuna must be filled by Swiss Law. However, also the relevant provision in Swiss Law is not clear in this matter. Therefore, the question must be resolved on the basis of a weighting of the interests of the persons affected by said decision.

Facts and Procedure

 

On 24 August 2018, the club and the player entered into an employment contract for a fixed period of time from 16 August 2018 until 31 May 2019.

On 14 January 2019, the player sent a written default notice to the club granting a minimum deadline of 15 days for the unpaid salaries, including monthly salaries and outstanding accommodation allowances. In the following, the club failed to respond to the default notice. On 11 June 2019, the player put the club a second time in default of payment, setting a 10-day time limit for the club to fulfill its financial obligation. The club did not make any...

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