Contractual Dispute: CAS 2025/A/11025 FC Partizan v. Ericksson Patrick Correia Andrade

CAS 2025/A/11025 FC Partizan v. Ericksson Patrick Correia Andrade

Date of the decision: 2025-09-17

Arbitrator(s): Kepa Larumbe

Swiss Law and consistent jurisprudence in its application state that “salary” encompasses not only fixed monetary payments but also benefits in kind or allowances with economic value. In this context, the Swiss Code of Obligations confirms that remuneration includes agreed or customary payments, such as accommodation or similar allowances.

Facts and Procedure

On 1 July 2022, the Player Ericksson Patrick Correia Andrade and Serbian Club FC Partizan entered into an employment agreement valid until 30 June 2025. Under this contract, the Club undertook to pay the Player a net monthly salary, a sign-on fee, a loyalty fee payable in equal monthly instalments and various performance bonuses.

On 20 June 2023, the Player terminated the contract with immediate effect, citing the Club’s failure to pay several contractual obligations, including three consecutive loyalty fees, a performance bonus and housing reimbursements. The Player notified the Club with a written notice of default and granted a 15-day deadline to remedy the breach. The Club did not dispute the existence of overdue payables and did not cure the default within the prescribed period.

On 12 July 2023, the Player signed a new employment contract with Azeri Qarabag FK, valid until 30 June...

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