The Application of the stare decisis Principle in CAS Proceedings: An Analysis of two CAS Awards concerning the same Failed Transfer

CAS 2016/A/4462 Hellas Verona FC v. FC Donji Srem & CAS 2018/A/5628 Hellas Verona FC v. Rade Krunić & FK Borac Čačak

Date of the decision: 2016-10-11

Arbitrator(s): José Juan Pintó Sala Petros C. Mavroidis João Nogueira Da Rocha

This article will analyse two recent CAS awards, which concerned the same factual background, but resulted in decisions that could be considered as contradictory to each other.

Synopsis

The cases revolved around the player Rade Krunić’s proposed transfer from Donji Srem to Hellas Verona, and his subsequent transfer to Borac Čačak. The first procedure at CAS, which was initiated in 2016, concerned Hellas Verona’s appeal against the payment of the transfer fee to Donjj Srem, which had been ordered by FIFA despite the player ultimately failing to transfer to Hellas Verona. The subsequent 2018 CAS procedure was also an appeal by Hellas Verona, however in that case the respondents were the player and the club Borac Čačak. The relevant FIFA procedure pertained to an unsuccessful claim for compensation in the amount of the transfer fee against the player and Borac Čačak for breach of the player’s contract with Hellas Verona, considering that Hellas Verona had been ordered to pay the transfer fee even though he did not actually...

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