Miloš Pavlović wins CAS Appeal

Morgan Sports Law has successfully acted for Serbian former professional football player, Miloš Pavlović, in his appeal before the Court of Arbitration for Sport (the “CAS”).

In June 2015, the FIFA Dispute Resolution Chamber ordered S.C. Fotbal Club Rapid Bucuresti SA (“SC FC Rapid”) to pay Mr Pavlović an amount as compensation for breach of contract (the “FIFA DRC Decision”). SC FC Rapid subsequently went bankrupt, and failed to pay Mr Pavlović the compensation owed.

In May 2022, Mr Pavlović filed a complaint with the FIFA Disciplinary Committee (the “FIFA DC”) requesting that Fotbal Club Rapid 1923 SA (“FC Rapid 1923”) be considered the sporting successor of SC FC Rapid and be held liable to pay the compensation ordered by the FIFA DRC Decision.

Following an investigation, the FIFA DC found that FC Rapid 1923 was the sporting successor of SC FC Rapid but found that Mr Pavlović failed to exercise sufficient diligence in pursuing his credit. The FIFA DC therefore did not find that FC Rapid 1923 owed the compensation amount due to Mr Pavlović by SC FC Rapid (the “FIFA DC Decision”).

In December 2022, Mr Pavlović filed an appeal before the CAS, challenging the FIFA DC Decision. On 11 December 2023, the CAS upheld Mr Pavlović’s appeal in full, deciding that Mr Pavlović acted with the required level of diligence. Accordingly, the CAS Panel: (i) ordered FC Rapid 1923 to pay the amount awarded to Mr Pavlović by the FIFA DRC Decision failing which a ban on registering new players until the date of effective payment of the full amount would be imposed; and (ii) ordered FC Rapid 1923 and FIFA to contribute towards Mr Pavlović’s legal costs and expenses.

Mr Pavlović was represented in the CAS proceedings by William Sternheimer and Sam Kasoulis, assisted by Marko Lavs.