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Football-legal
31
Dec
2018
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Paula DE CASTRO MOREIRA SORDI
Player Transfer
Cases
Brazil International
Football Legal # 10

Nilmar case update: considerations from the CAS on the use and purposes of the TMS proceedings


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CAS 2016/A/4826 Nilmar Honorato da Silva v. El Jaish FC & FIFA
Date of the decision: 2017-08-23
Arbitrator(s): Ulrich Haas Michele Bernasconi Massimo Coccia

As it has already been previously described in Football Legal[1], the transfer of the player Nilmar Honorato da Silva (Nilmar or the Player) to SC Internacional in 2014 took place in an especially particular scenario, within which El Jaish FC (the player’s former club) took unfair advantage of the procedural rules of the FIFA TMS. Considering “the urgency and the damage that would entail if the player could not be registered in time to participate in the Brazilian Championship”[2], as well as the fact that the immediate development of the Player’s transfer proceeding within the TMS (the release of the International Transfer Certificate) was depending on its approval, the club forced the player to sign a “Settlement Agreement”, waiving any rights arisen from his...

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Topics
  • Player Transfer
Keywords
  • Breach of contract
  • Court of Arbitration for Sport (CAS)
  • FIFA Regulations
  • International Transfer Certificate (ITC)
  • Player contract
  • Swiss Law
Find out more
  • CAS 2016/A/4826 Nilmar Honorato da Silva v. El Jaish FC & FIFA
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