Termination of Contract for Medical Reasons - An overview of the FIFA DRC jurisprudence

Termination of Contract for Medical Reasons - An overview of the FIFA DRC jurisprudence
Some recent CAS and national courts jurisprudence have given a new perspective in questions hitherto unanswered at a FIFA level such as the possibility of the player to benefit from certain social rights under national law, the right to ask for compensatory moral damages or the application of the principle of the specificity of sport when calculating the compensation amongst other interesting aspects. This paper aims at gathering and summarising some of the most recurrent arguments raised by the parties in disputes revolving around the players’ medical condition, while attempting to delve into the consequences for the players and the clubs involved by making reference to the most relevant jurisprudence of the FIFA DRC and the Court of Arbitration for Sport. For instance, Olimpia Club had to pay damages to their former player Sebastián Ariosa (picture) due to an unjustified breach of contract.

The health of a football player is a major factor during the recruitment process. In professional football, medical examinations have become a standard practice conducted prior to the conclusion of the employment contract. Some top-flight football clubs even broadcast it showing the player while jogging on the treadmill as part of the content offered to their fans through different media platforms.[1]

The cornerstone is found in Article 18(4)[2] of the FIFA Regulations on the Status and Transfers of Players (FIFA RSTP): “The validity of a contract may not be made subject to a successful medical examination and/or the grant of a work permit.” Compliance with Article 18 is guaranteed through Article 1(3) a) FIFA RSTP, qualifying it as disposition binding at a...

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