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Football-legal
15
Feb
2016
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Football Legal
CAS
Cases
International

CAS 2015/A/4195 FK Senica v. PFC Ludogorets 1945 & FIFA


CAS 2015/A/4195 FK Senica v. PFC Ludogorets 1945 & Fédération Internationale de Football Association (FIFA)
Date of the decision: 2016-02-15
Arbitrator(s): Manfred Peter Nan

In absence of a proof that a party contacted FIFA to be informed about the status of proceedings or of a decision, a party cannot legitimately claim that it has been waiting for a decision from FIFA more than 2 years after the withdrawal of an appeal and that only very recently a situation of denial of justice arose, legitimising it to file an appeal with CAS.

Facts/Procedure

On 16 August 2012, Senica filed a claim with FIFA regarding training compensation in connection with the registration of the player J., of Slovak nationality, with Ludogorets. On 30 August 2012, the FIFA Dispute Resolution Chamber (DRC) informed Senica that the player was registered with FC Ludogorets Razgrad and the said club belonged to the category IV in the sense of Article 4 par. 2 of the Annex 4 of Regulations on the Status and Transfer of Players (RSTP). In this regard, the FIFA DRC referred Senica to the provisions of Article 2 of Annex 4, according to which training compensation is not due if the player is transferred to a category IV club. Accordingly, FIFA did not appear to be in a position to intervene in the matter of...

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Topics
  • CAS
  • Solidarity mechanism
  • FIFA
Keywords
  • FIFA
  • Court of Arbitration for Sport (CAS)
  • FIFA proceedings
  • Procedure
  • Swiss Law
  • Training compensation
  • Res judicata
Find out more
  • Brief overview of the recent CAS and SFT jurisprudence on res judicata
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