CAS 2023 A 9682 Tuzlaspor A.S. v. FIFA, U.S. Thionville, C.S. Orne

This report details a dispute between Tuzlu A.F. and its former player, Mr. Patrick Curundi, concerning a training compensation agreement. The conflict took place under the jurisdiction of the Court of Arbitration for Sport (CAS) and involved several key parties including the FIFA, the Tunisian Football Federation (TFF), and the French Football Federation (FFF).

Key points:

1. Parties Involved:

   • Claimant: Tuzlu A.F., a football club based in Amneville, France, which is also a member of the FFT and FFF.
   • Respondents:
     • Respondent 1: The player Mr. Patrick Curundi, who was employed by Tuzlu A.F.
     • Respondent 2: The Federation Internationale de Football Association (FIFA), the governing body of international football.

2. Dispute Overview:

   • The primary issue is related to the player's training compensation, where Tuzlu A.F. alleges that the player did not provide necessary information or documents during the registration process. The dispute involves the interpretation of applicable regulations and the review process regarding the award of the compensation.

3. Legal Framework:

   • The dispute is governed by Swiss law, as FIFA is an organization under Swiss jurisdiction.
   • The arbitration process was conducted within the framework of FIFA's disciplinary regulations, specifically Article 17 of the FIFA Disciplinary Code.

4. Main Arguments:

   • Tuzlu A.F.'s Argument: The player failed to comply with registration requirements and provided incomplete information, potentially violating Swiss regulations.
   • FIFA's Position: FIFA reviewed the case and decided to uphold the decision made by the sole arbitrator, confirming that the player's registration was complete and valid according to FIFA's regulations. FIFA rejected any claims of non-compliance.

5. Timeline:

   • The dispute started in January 2023, when Tuzlu A.F. initiated proceedings against the player.
   • Key milestones include the signing of the first training compensation agreement in January 2023, the submission of documents related to the player's employment in February and March 2023, and the final resolution of the case in May 2023.

6. Resolution:

   • The final decision was made by the CAS, affirming the arbitrator's ruling that the player's registration was in order and upholding the compensation awarded to him.
   • This marks the end of the dispute between Tuzlu A.F. and the player, with no further action required from either party.

The report concludes that the dispute was resolved in favor of the player, with both Tuzlu A.F. and FIFA agreeing to abide by the CAS's final decision.