Alessandro Morbidelli. The decision had found the Brazilian football player Francelino da Silva Matuzalem and the Spanish football club Real Saragossa guilty of breaching their obligations towards the Ukrainian football club Shakhtar Donetsk. Your LinkedIn Connections at Firm. Energy and Natural Resources. After three years Matuzalem terminated his contract and signed a contract with Real Saragossa, which undertook to hold him harmless from any claims that could arise from the termination of the contract without just cause.
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Given the second decision of the Federal Supreme Court and the fact that the Federal Supreme Court consequently talks only about damages in its second decisionit might well be the case that the Federal Supreme Court will in the future have a closer look also at the compensation which has to be paid in case of an early termination of an employment contract pursuant to the FIFA Regulations on the Status and Transfer of Players.
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Whether the fine of CHF 30' is also against public policy or whether it is at least against mandatory Swiss law still needs to be decided.
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|Serie B. With its decision, the Federal Supreme Court has shown that it is not willing always to give more weight to the interests of the sport federations than to the interests of the athletes. Such a punishment was furthermore considered as unnecessary, as under the New York Convention it would be quite easy to enforce the decision.
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Click here to register your Interest. Instead of promoting compliance with the decision, the "punishment" renders the payment completely impossible, because the player would never be able to earn enough to pay his obligations. Number: The Federal Supreme Court held that any decision of such a sport federation must be consistent with the fundamental values in Switzerland.
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Asia Pacific. Consequences for FIFA's Regulations on the Status and Transfer of Players The salary of Matuzalem and his inability to pay the compensation have clearly shown that the compensation as calculated by CAS, which the Federal Supreme Court considered in its first decision as "a compensation for damages only", did in fact not have anything to do with the value of the player, and the effective damage which Shakhtar Donetsk suffered.
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Date of birth: 39 years In any case, based on the decision of the Federal Supreme Court, the entire sanctioning system of FIFA needs to be reviewed to determine whether it is suitable and necessary to reach the envisaged goals or whether the personality rights of the persons involved prevail.
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Weight: 64 kg. Employment and HR. Do you have a Question or Comment? Russian Federation. One of these fundamental values is the provision in article 27 para.