The application of loss of chances, player’s market value, replacement costs, and specificity of sport criteria under Art. 17 RSTP in CAS jurisprudence

CAS 2018/A/5607 SA Royal Sporting Club Anderlecht v. Matías Ezequiel Suárez & Club Atlético Belgrano de Córdoba & CAS 2018/A/5608 Matías Ezequiel Suárez & Club Atlético de Belgrano de Córdoba v. SA Royal Sporting Club Anderlecht

Date of the decision: 2019-01-22

Arbitrator(s): Massimo Coccia Gonzalo Bossart Bernard Hanotiau

A noteworthy award rendered by the Court of Arbitration for Sport (CAS), which was recently published in the CAS Bulletin 2019/02, somehow went unnoticed by scholars until now. In this case, the player claimed force majeure to terminate the contract outside the “Protected Period, which did not convince both FIFA and CAS. The former club claimed compensation for breach of contract based on an offer it had sent to the new club, which both FIFA and CAS did not deem a compensable damage head under Article 17.1 of the FIFA Regulations on the Status and Transfer of Players (RSTP). Finally, the Panel invoked the specificity of sport doctrine against the player to increase the compensation due to the former club by 25%.

Brief Facts

In January 2008, CA Belgrano transferred Matías Ezequiel Suárez (Player) to R.S.C. Anderlecht (RSCA) for EUR 2.6 million. The Player and RSCA signed a contract, which was renewed twice until 30 June 2017. To reach this last extension with the Player, RSCA signed an agreement with the Player’s agent, in which the club agreed to pay the agent EUR 1.050 million in three installments of EUR 350,000 each due on 1 July of 2013, 2014, and 2015.

In September 2012, RSCA and CSKA Moscow agreed to transfer the Player to the Russian club for EUR 10.773 million. However, CSKA Moscow ultimately canceled the transfer, with no legal objections from RSCA or the Player.

On 13-14 November 2015 and 22 March 2016, a series of terrorist attacks occurred in Paris and Brussels, respectively.

In June 2016, CA Belgrano expressed an interest in...

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