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Football-legal
15
Jan
2018
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Georgi GRADEV
CAS
Cases
International
Football Legal # 9

Sidelining a player for a month is not always just cause for termination of a contract in the eyes of FIFA


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CAS 2017/A/5162 Atanas Kurdov v. FC Astana
Date of the decision: 2018-01-15
Arbitrator(s): Fabio Iudica

In this case, the Court of Arbitration for Sport (CAS) upheld the appeal filed by the Bulgarian player, Atanas Kurdov, setting aside the FIFA decision on the dispute between the parties. The Sole Arbitrator, contrary to FIFA, decided that the player had just cause to terminate his contract after having been sidelined by the club for slightly over a month; having been put on the transfer list; and having been summoned to join the reserve team in the last minute with no apparent sporting or legal justification for undetermined period of time.

Brief facts

In February 2014, FC Astana and Atanas Kurdov entered into an employment contract, valid until December 2016 (i.e. for 3 seasons). The player’s monthly salary was supposed to increase by USD 5,000 (approx. EUR 4,300) each year, for which reason the parties agreed to sign a “supplementary agreement for every year.”

As of December 2014, Kurdov started urging Astana to pay him outstanding amounts. As a reaction, Astana’s head coach, Mr Stanimir Stoilov (also a Bulgarian like the player), told him to look for a new club.

In January 2015, Astana wrote to Kurdov to confirm that he should look for a new club, but that they cannot allow him to leave for free.

In the same month, Astana held two training camps in Dubai and Antalya for...

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Topics
  • CAS
  • Player/Coach Contract
Keywords
  • Breach of contract
  • Court of Arbitration for Sport (CAS)
  • Just cause
  • Player contract
  • Salaries
Authored by
Georgi GRADEV
About Georgi GRADEV
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