Post by Olympialex

🔎 𝗖𝗔𝗦 𝟮𝟬𝟮𝟱/𝗔/𝟭𝟭𝟱𝟮𝟳 𝗠𝗮𝗷𝗮 𝗚𝗼̈𝘁𝗵𝗯𝗲𝗿𝗴 𝘃. 𝗟𝗮𝘇𝗶𝗼 𝗪𝗼𝗺𝗲𝗻 𝟮𝟬𝟭𝟱 𝗔 𝗥.𝗟. 𝗼𝗳 𝟮𝟲 𝗠𝗮𝘆 𝟮𝟬𝟮𝟲 ⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️⚽️ The award rules on FIFA’s pregnancy protection framework: The CAS confirmed that national formalities, including registration requirements, are not determinative of contractual validity. Swiss law governs the formal validity of football employment contracts under the hierarchy established by Article R58 of the CAS Code and Article 49(2) of the FIFA Statutes. Under Articles 11 and 320 of the Swiss Code of Obligations (SCO), employment contracts are free from any mandatory form requirement. Accordingly, domestic collective bargaining provisions requiring signature as a condition of validity (here, Article 2.1 of the FIGC Accordo Collettivo) are superseded by FIFA regulations and Swiss law, and apply only subsidiarily. On the facts, the CAS arbitrator found that the parties had reached agreement on all essentialia negotii through a combination of express and implied conduct. The award further confirms that the protections of Article 18quater FIFA RSTP extend beyond formally executed contracts: the Panel found that Lazio’s denial of the contract’s existence after being informed of the player’s pregnancy amounted, in substance, to a unilateral termination. Applying the presumption in Article 18quater RSTP, CAS held that the club failed to prove that its conduct was unrelated to the pregnancy and awarded the player the full residual value of the contract. The CAS arbitrator decided not to apply the mandatory additional compensation under Article 18quater para. 3(a)(iii) FIFA RSTP, despite the provision’s mandatory wording, given the exceptional circumstances of the case, citing the novelty of the regulations, the DRC’s own contrary conclusion, and the absence of bad faith on the club’s part. The award also reinforces clubs’ obligations regarding confidential medical information: CAS found that the player’s pregnancy was unlawfully disclosed within the team absent the player’s consent, in breach of Swiss, Italian and GDPR personal data protection rules. Consistent with CAS 2015/A/3871, the Panel awarded one-twelfth of the annual salary in moral damages. 🔎 Osservatorio sulla Giustizia Sportiva di Olympialex: le più recenti decisioni degli organi di giustizia sportiva esaminate dagli avv.ti Alessandro Narciso, Stella Riberti, Giulia Vigna, Nicola Siggillino e Giorgia Costa 📑✍️ [Commento a cura di: Stella Riberti] #dirittosportivo #giustiziasportiva #sportslaw #direitodesportivo #derechodeportivo #sport #sportsmanagement #sportsbusiness #sportsindustry #sportsmarketing